CAS-27_MOON VALLEY GRAVEL MINECity Council Meeting — October 11, 2004
Councilman Ayotte: Yep.
Mayor Furlong: No, this is solving a problem so that's good. With that is there a motion
to approve.
Councilman Ayotte: Motion to approve.
Mayor Furlong: Motion's been made. Is there a second?
Councilman Lundquist: Second.
Mayor Furlong: Made and seconded. Any discussion on the motion?
Resolution #2004-73: Councilman Ayotte moved, Councilman Lundquist seconded
to award the construction contract for the Country Oaks Drainage Improvement
Project SWMP 12 -BB to Kusske Construction Company in the amount of
$18,450.00. All voted in favor and the motion carried unanimously with a vote of 4
to 0.
CONSEDER RESOLUTION FOR ENVIRONMENTAL CLEAN-UP, MOON
VALLEY.
Kate Aanenson: Thank you. At your September 27th meeting you did approve the
Interim Use for the Moon Valley site. That'd be the lower area that provided a long term
grading plan to get the site cleaned up and ready for development as it comes towards the
WSA. The applicant, Perntorn Development is going for a Department of Economic
Development grant for clean-up. Maximum amount that they are eligible for is $50,000.
As we indicated with the interim use permit, we did require that they also do
environmental review and we know that there's some lead out there from the shooting
range, so this money that they're pursuing is in order to clean up that site. We are the
pass through agency. The City of Chanhassen. That's why you're required to approve a
resolution. There is a match required by the city. Certainly as a pass through agency
we're going to put together a separate agreement of responsibility back to the developer
of their obligation. Our matching and then indemnification for clean-up, so before any
pass through would occur, first of all they have to secure the grant. Then second of all,
we would require that there be a mutual letter of understanding or indemnification on the
city's responsibility for any claim and also our match on there before we would approve
or authorize any... So we certainly don't want to increase our liability on that. So with
that we are asking that you approve the resolution included in your packet and I'd be
happy to answer any questions that you have.
Mayor Furlong: Thank you. Questions for staff.
Councilman Labatt: Kate, risk to the city. We've served as a pass through agents before
on different things. Risk exposure.
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City Council Meeting — October 11, 2004
Kate Aanenson: I'm not aware. Maybe I'll let the city attorney.
Councilman Labatt: Roger.
Roger Knutson: Members of council, I don't believe there would be any. We're not an
owner and we are not someone who's contributed to it. We're a funder. A pass through
funder and we will have an agreement with them if you in fact do get the grant, requiring
them to hold us harmless and indemnify us if there's anything so I don't anticipate any
issues.
Mayor Furlong: That would hold us harmless on any liability, right?
Roger Knutson: That is correct.
Mayor Furlong: But that memorandum of understanding would also include
reimbursement of any funds.
Roger Knutson: Or match, yes.
Mayor Furlong: Or match, yes. Okay. And that's legal and authorized under the statutes
to be reimbursed?
Roger Knutson: Sure.
Mayor Furlong: Okay. Alright. Any other questions? Yeah, no. I'll bring it back to
council for comments, if there's any.
Councilman Lundquist: My shooting range is getting farther and farther away.
Mayor Furlong: Yes it is. Every single meeting.
Todd Gerhardt: Now they go back to the generators of that too. Whoever generated that
lead, they go back to them.
Councilman Lundquist: ... can prove that.
Todd Gerhardt: CSI right?
Mayor Furlong: No, this is good. It keeps the process moving forward. Sorry. But with
that is there a motion to approve. It's my sense there will be.
Councilman Labatt: Move approval.
Mayor Furlong: Is there a second?
M
City Council Meeting — October 11, 2004
Councilman Ayotte: Second.
Resolution #2004-74: Councilman Labatt moved, Councilman Ayotte seconded to
approve the resolution for the funding request for the Moon Valley Contamination
Clean -Up GranL All voted in favor and the motion carried unanimously with a vote
of 4 to 0.
Mayor Furlong: Let the minutes show that Councilman Lundquist did vote in favor of
that motion.
COUNCIL PRESENTATIONS:
Mayor Furlong: We talked earlier about the President's visit so I don't think we have to
repeat that but boy, what a wonderful day the City of Chanhassen shown in the best we
could and we should all be proud. Not only the staff, city and county level, but our
residents too. I mean it was just, it could not have been more perfect. And obviously my
proclamations with regard to weather are adhered to so that's important. Any other
council discussions?
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt: I kind of gave my speech earlier on the President's visit. Again I can't
thank the County and all the other agencies that helped us with that whole process. And I
think the greatest thing is that we built relationships there. And when I say relationships I
mean personal relationships. You spend so much time with people every day up to 3 to 4
hours, 4 or 5 days in a row, you get the read on people's personalities and things like that
and they all blended together. And so when that incident does occur in Chanhassen, I
don't see any issues. I mean everybody worked together. Nobody was trying to be king
pin on this and saying I'm in control here or anything like that. You know everybody
knew what their roles and responsibilities were. I went through an agenda every day and
we start out with parking. Then we went to the sheriffs office. School district 112 was
heavily involved. They were at every one of our meetings last week because we utilized
a lot of their facilities. The elementary school. Bluff Creek Elementary School for
parking. We had our street department put out over 500 no parking signs throughout the
residential area. Parks did a great job of laying out parking, temporary parking lots at
Lake Ann Park and the ballfields and the soccer fields. Minimal damage to the fields.
We know we got some sprinkler heads busted and some gate valves probably cracked but
can probably fix those with, in a short period of time. Worked with the vendors, Secret
Service. I don't know if you knew but John Kelly who does a lot of our real estate
dealings out of Roger's office, son was the second in command in the Secret Service
detail here in Chanhassen so it was nice getting to know him and hearing some good
stories about his dad. That we can use against him. Fire department. You know they
had their own operational plan that they put together and they were very well organized
and Chief Geske's got a great crew over there and they all work well together. We
brought Bruce in. Bruce tracked financing. We put time cards together for how much
time that we contributed to this event. Just for record keeping if anybody asked. From
59
e City Council Summary — September 27, 2004
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
REQUEST FOR AMENDMENT TO THE ARBORETUM BUSINESS PARK PUD
HIGHWAY 5, WEST OF CENTURY BOULEVARD, AND NORTH OF
CORPORATE PLACE; HELSENE PARTNERS, LLC.
Bob Generous presented the staff report. Mayor Furlong asked for the applicant's input.
Chris and Brenda Helsene, 5685 Great Lorenz Road, Shorewood and Gene Helsene,
11613 Shady Oak Road, Minnetonka spoke in support of the PUD amendment to allow
commercial. Staff explained their recommendation of denial and addressed the issue
brought up at the Planning Commission meeting suggesting the use of an Interim Use
Permit. Mayor Furlong stated, and Councilman Peterson concurred, that they did not see
a compelling reason to grant the amendment request.
Councilman Lundquist moved, Councilman Labatt seconded that the City Council
denies the amendment to the Planned Unit Development (PUD #92-6) development
design standards to permit retail uses based on the amended findings of fact and
recommendation attached to this report. All voted in favor and the motion carried
unanimously with a vote of 5 to 0.
REQUEST FOR AN INTERIM USE PERMIT FOR GRADING AND
RESTORATION OF THE MOON VALLEY GAVEL MINE, BEATRICE
ZWEERS.
Bob Generous presented the staff report and an update on the Planning Commission
review. Mayor Furlong asked staff to address the question of escrow and what happens if
the developer can't continue part way through the 5 year project from an erosion and
storm water standpoint. He also asked where the grading plan falls in terms of
maximizing development at the expense of the natural resources, very specifically tmes.
Councilman Labatt asked staff to show where the current buildings and mining activity
took * place in relation to the restoration plan. The developer Dan Herbst, 7640 Crimson
Bay, Chanhassen and the engineer, Justin Larson with Sathre-Berquist were present. Mr.
Herbst talked about his company's future plans for the restoration area.
Councilman Peterson moved, Councilman Ayotte seconded that the City Council
approves Interim Use Permit Case #04-27 to permit grading, excavation and slope
restoration as proposed on the plans prepared by Sathre-Berquist, Inc., dated
7/16/04, subject to the following conditions:
The interim use permit shall be approved for a period of five (5) years from the
date of City Council approval. Annually the grading permit must be renewed.
The applicant will need to request a formal extension 60 days prior to the
expiration date of the permit.
WANNED
City Council Summary — September 27, 2004
2. The existing buildings and outbuildings and any septic system or wells on site
shall be abandoned in accordance with City and/or State codes.
The applicant shall perform a Phase I Environmental Audit of the property to
determine if the gun range or other site operations have environmentally impacted
the property.
4. The applicant must provide the City with a cash escrow or letter of credit in the
amount of 100% of the construction costs for the appropriate phase of the grading
operations to guarantee erosion control measures, site restoration and compliance
with the interim use permit.
5. Permits from the appropriate regulatory agency must be obtained; including but
not limited to the NIPCA and NInDot.
6. Details for the proposed pond outlets shall be submitted for review by the City.
7. On-site ponding shall be adjusted, if necessary, at the time of site development to
meet the City's requirements for proposed build -out conditions.
8. If erosion control measures installed in conjunction with this interim use permit
are deemed by the City to be effective, the City shall inform the applicant in
writing of any deficiencies. The applicant shall work with the City to remedy the
deficiencies in a timely manner.
9. Stabilization of the toe (first 150 feet of the slope) shall be completed
immediately upon final grade. Stabilization shall be done in phases. Large
portions of the site shall not be left exposed over weekends or during forecasted
heavy rains.
10. The slopes shall be tracked with a dozer at all times. The dozer shall be run
perpendicular to the slope to track the slope.
11. The northeast "comer" of the slope (north of soil boring 18, south of soil boring
14 and inbetween soil borings 10 and 15) shall be stabilized so as to promote long
term stability. This may include a terrace, turf reinforcement mat and slope drain.
12. All blankets installed on site shall be properly applied. The blankets shall make
100% contact with the soil, stapled according to manufacturer's specifications and
head trenched.
13. Geotextile and riprap or geogrids or other approved stabilization shall be used to
provide toe protection.
14. The seed mix specified (MN DOT 500) shall be changed to MN DOT Native Nfix
340 (Sandy Nfid Height, dry conditions- i.e. south facing slope). An application
City Council Summary — September 27, 2004
rate of 16 pounds per acre is recommended (20 pounds per acre for hydoseeding
or broadcasting).
15. Silt fence shall be installed at least 25 feet away from the toe of the slope to
provide storage and allow the silt fence to function properly. As stated on the
plan, the temporary sediment basins shall be installed prior to grading activities.
Berms may be needed to divert runoff into the basins along TH 212.
16. The applicant must provide a proposed haul route for review and approval.
17. If the excess material is hauled to another site in Chanhassen, a separate grading
permit will be required for the other property.
18. All disturbed areas as a result of construction are required to be reseeded and
mulched within two weeks of site grading.
19. The applicant must pay the City an administration fee of $7,124 prior to the City
signing the permit.
20. Add the benchmark to the plan that was used for the site survey.
21. End the grading on the eastern side of the creek at the proposed high -point
elevation in the usable area of 756.
22. In the future, when a development proposal is submitted, drainage and utility
easements over the ponds and creek will be required.
23. Add Type I silt fence in the southeast comer of the site around the grading limits
and around the proposed pond outlet.
24. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through
Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday
or legal holidays.
25. Appropriate signage for hauling along TH 212 is required.
26. Tree preservation fencing must be installed at the edge of grading limits.
27. MN DOT Native Mix 340 be used for the seeding.
28. All restored slope shall be planted with trees. The trees shall be bare -root, native
species, one-half to one inch in diameter, five to ten foot spacing in a random
pattern from the top to the toe of the slope. The approximate number of trees
needed is 20,000 (7' x 7' spacing).
City Council Surmnary — September 27, 2004
Spacing (feet)
Trees per acre
5x5
1,742
6x6
1,210
7x7
889
8 x 8
681
lox 10
436
29. A driveway access to 230 & 240 Erie Avenue must be maintained at all times
during construction.
30. Submit a plan showing a permanent driveway access alignment for 230 & 240
Erie Avenue.
31. The harvesting of timber shall be limited to the area within the grading limits.
32. The applicant's engineer must work with city staff to revise the drainage
calculations per city standards and NURP requirements.
AD voted in favor and the motion carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS.
Councilman Ayotte suggested that the City Council and legal counsel investigate
changing the terrn of mayor from 2 to 4 years after 2006. Mayor Furlong provided an
update on meetings he's attended in recent months with the Southwest Corridor
Transportation Coalition working with Carver County and MnDot in regards to the
upgrade of ffighway 5 west of ffighway 41 through Victoria, Waconia, to Norwood
Young America.
ADMIIINSTRATIVE PRESENTATIONS.
Todd Gerhardt provided an update on the dedication ceremony that was held for the new
senior center space.
CORRESPONDENCE PACKET. None.
Councilman Peterson moved, Councilman Ayotte seconded to adjourn the meeting.
All voted in favor and the motion carried. The City Council meeting was adjourned
at 8:00 p.m.
Submitted by Todd Gerhardt
City Manager
Prepared by Nann Opheirn
19
City Council Meeting — September 27, 2004
Mayor Furlong: It's been made and seconded. Any discussion? Just one point of
clarification, that the findings of fact would be modified...
Councilman Lundquist: The amended findings of fact as requested, yeah.
Mayor Furlong: Thank you. With that, if there's no further discussion.
Councilman Lundquist moved, Councilman Labatt seconded that the City Council
denies the amendment to the Planned Unit Development (PUD #92-6) development
design standards to permit retail uses based on the amended findings of fact and
recommendation attached to this reporL All voted in favor and the motion carried
unanimously with a vote of 5 to 0.
REQUEST FOR AN INTERIM USE PERMIT FOR GRADING AND
RESTORATION OF THE MOON VALLEY GAVEL MINE, BEATRICE
ZWIIERS.
Bob Generous: Thank you Mr. Mayor, council members. This is a request for an interim
use permit for a grading permit for the restoration of the Moon Valley mining operation
out on 212 and south of the regional trail system. This mining has been going on for
many years and now we're looking at reclaiming the site and preparing it for future
development. This area doesn't come into the urban service area until 2015 under the
current comprehensive plan. However there are major erosion issues going on on the site
and the developer, with the development of the top part of this property, the Settlers West
development, is looking at reclaiming this area. It's a little hard to see but the ... there are
steep, almost vertical cliffs that are in there that were created through the mining
operation. When it rains everything washes down to the bottom. The site was also used
for a gun range over many years. At one time it was even a ski resort but now they're
coming in with a grading plan that would create a 2 1/2 to I slope on both sides and create
a bowl within the middle. Previously there was a settlement agreement between the city
and the property owner to regrade the site. Reclaim it after the mining operation was
completed. However that operation or that plan allowed them to go into the northwest
comer of the site. Between the Planning Commission and now we did have the DNR
Forester come out and look at the quality of the woods on that. He was very impressed
with the woods actually north, in the northwest comer and on the property to the north of
this in this bowl area, which is in some land that the city is receiving as a dedication
through the Settlers West development. However as you move south he said that the type
of trees in there, there's a bigger variety of trees so they had small ones and big ones so it
wasn't as high a quality of development and so he felt that yes, the trees have some value
but it's not as valuable as the portions that are saving. The other issue that came up as
part of the Planning Commission was flooding on 212. We did look at the low point on
that and that is actually east of this site so if flooding did become an issue, it's closer to
Dell Road that would flood so they'd still be able to exit the site and go to the west. Staff
is recommending approval of the grading plan for this site and then they have a small
area to the west. We are recommending that they revise the westerly portion of this and
pull the grading area back to the 756 contour, which means that when they grade
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SCAN"M
City Council Meeting — September 27, 2004
everything east of that, that's graded would drain to the east into the ponding area that we
have and everything on the west would just go naturally. There won't be any current
impacts in that area, so we believe this is a slightly better plan. It also creates a more
natural area within the middle. When this area comes in in the future for development
review, then they don't lose that area as part of calculating their overall developable area,
but it will be in a more pristine state. As part of the restoration of this, not only are we
giving seeding and blanket to eliminate or control erosion, but we're having them replant
the slopes with the root stock, small trees in a 7 foot area so they can stagger it up the hill
and this will provide additional footing for the dirt so that erosion issues don't become a
problem on that. The quantities involved are higher because this is a south facing slope.
It's a hotter and drier environment and so the trees that we're proposing do have a
tendency to survive in that type of environment. As we say, we are recommending
approval. I did provide you with a copy of a revision to condition 4. As part of this the
applicant is to provide us with a security for the grading of this site. What this condition
does is modify it. It's only for that stage of the grading that's taking place that we will
require the security so whatever phase, if they're only going to grade a quarter of the site
at one time, then that, we take 110 percent of that amount to make sure that that grading
and restoration takes place. This is, we're recommending approval for a 5 year period.
We believe that this can be restored within that timeframe. With that I'd be happy to
answer any questions.
Mayor Furlong: Thank you. Questions for staff. Question on this proposed change for
item 4. 1 guess my question is, since this is a multi year project, and we haven't heard
from Mr. Herbst yet but knowing his experience that if he says he's going to do
something, be's going to do it. At the same time situations change and I guess my
question is, if we're just taking the escrow and this is a question of the project itself, for
that year, if something doesn't happen, or if they can't continue and they're part way
through the 5 year project, don't we need to make sure that the whole project gets done
from an erosion and from a storm water standpoint?
Kate Aanenson: That's a good question. Let me just kind of reframe a little bit to how
we got to this point. Settlers West came in, we spent a lot of time discussing whether or
not we would let that top area be serviced. One of the benefits that we saw allowing the
top be serviced is to clean up the bottom. There was a settlement agreement with Mr.
Zwiers who owned a portion of the site and this grading plan goes well beyond that. Part
of that settlement agreement did not include landscaping and restoration of slope. Just re-
grading. Over time the operation of the gravel pit, that pretty much ceased and
significant erosion has taken place including the ponding that should be in place, so
because the applicant has the top piece, there's a lot of incentive which goes back to your
question. We get the bottom part cleaned up. They're tied together with the underlying
property owner, Mr. Zwiers, so Mr. Herbst, the Perntorn development has the incentive in
order to sell those lots and requirements to make that happen. There's certain
performance measures that have to come in place right away which would be the ponding
and the initial landscaping but because it is a 5 year interim use, we believe that the cash
in place should be, it can only be exposing so much at a certain point that that would be
accomplished. If you look at the volume of trees as Bob indicated, you know we're
12
. I City Council Meeting — September 27, 2004
looking at 20,000 trees and I think at first the applicant was almost fell over, there's
20,000 trees but we actually worked pretty hard to find some of these root bound through
the DNR to get those prices down so actually it's trying to work really hard to make this
cost effective for everybody because it is, there's lead down there. There's some other
hazardous things that we're working to get rid so it's a win on everybody's part again
because he's a developer on the top side, the incentive is such. But I believe that the way
that we've got the interim use set up for the 5 years, and the money that we're taking up
front and those performance measures, that should all be accomplished...
Mayor Furlong: And I guess, right. And yeah, one of the benefits of going forward with
the development up on the bluff, up on top was the, this right here. You know coming
back with the grading plan so I guess I'm just you know financially with taking 100
percent, 110 percent of the year's work, obviously there's cash implications and, to the
developer but are we covered to make sure that all 5 years get done, and maybe that's.
Okay.
Kate Aanenson: ... but that part that's already exposed and kind of eroding, I mean that's
the part that will get the vegetation on sooner. Kind of first phase. The other parts are
really going to be the rolling parts that you're going to be removing some vegetation so
the worst part is kind of what we're addressing first, and within that there's also
environmental issues that we're going to be working with them to help and you'll be
seeing a resolution regarding that. The clean-up of some of the lead. That there's going
to be some time spent on just even that portion before we can move forward so only good
things are going to happen because of this interim use and getting it right as Bob
mentioned, to come in for future development. To get the property in such a format.
Mayor Furlong: Okay, thank you. One other question with regard to the plan here, and
this is, it does expand the developable area relative to the prior plan which was just basic
plan without trying to do anything but what erosion, as I understand it. In terms of
maximizing development area at the expense of the natural resources, very specifically
trees or maximizing the natural resources at the expense of development or somewhere in
the middle. Where does this grading plan fall?
Kate Aanenson: Yeah, that's a great question. You know when we originally looked at
this, I think the applicant was hoping that as part of the site plan we could just approve
kind of the modification of the grading plan and our interest of always full disclosure to
the neighbors on what's going in and we felt like we need to go back and go beyond what
the original court order was, the settlement agreement and say you know we wanted full
disclosure on the entire property that the Zwiers family owns. In order to balance that to
make it work, we walked outside. We spent a lot of time reviewing it. We actually took
the Planning Commission out there to understand the scale of the slopes, so really in
looking at having not only our forester out there but the DNR forester go out to really
examine the quality of the trees and what can be, I think we struck a really good balance
of preserving what is significant. Whether it's slopes or trees as Bob indicated. We've
asked them to pull back on the creek. There's a beautiful creek that runs through there.
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City Council Meeting — September 27, 2004
To move away from that a little bit and then providing enough impetus that those costs of
grading and re-establishing of that slope provides a developable plan in the future.
Mayor Furlong: Okay, thank you. Any other questions for staff?
Councilman Labatt: Yep. Bob, can you just on that map, just point out where's the green
building. The main, the old mining operation building.
Bob Generous: They're right as you come into the entrance.
Councilman Labatt: Okay, and then the red range house where the shots are fired from.
Bob Generous: That's in this area also. Right in here.
Councilman Labatt: Okay. And then can you just outline the rim, kind of expose the
northwest rim of the current pit right now as it exists. You know you had that one edge
there's about a 80 foot, 90 foot drop.
Bob Generous: Yeah, it drops all the way down here. This is the area right here.
Councilman Labatt: Okay.
Todd Gerhardt: But isn't the dark gray Bob, the area where they've already graded? Or
pulled material out.
Bob Generous: No, this will be where they re, well they have, all this is rough.
Todd Gerhardt: Right.
Bob Generous: ... This is the top of the slope. That will come up to the property lines so
what they need to do is try to make that 2 to I slope.
Todd Gerhardt: Right. The material has been taken out of that top portion.
Bob Generous: Up into here and over...
Councilman Labatt: Okay.
Mayor Furlong: Thank you. Any other questions for staff.? If not, would Mr. Herbst, the
applicant, would you like to address the council on anything?
Dan Herbst: Honorable Mayor, members of the City Council, professional staff, Dan
Herbst at 7640 Crimson Bay in Chanhassen and Justin Larson also with me from Sathre-
Berquist. First of all I want to thank all the effort that's gone into this. It was out of your
MUSA and your staff has done just a fantastic job. I think every one of your members of
your staff have been on the site on a couple occasions from trees to environmental to
14
City Council Meeting — September 27, 2004
planning to engineering and everybody's really worked hard on this. We also had a great
meeting with the Planning Commission out at the site. The good news is, for the city, is
that we're going to get this erosion stopped. We're going to shut down the range. We've
got the antenna tower down and also the good news up on the upper bluff, we hope to be
building you some beautiful homes out there generating some park fees, building fees and
some real estate revenues for you real soon out there next year so. Back down to the
lower part, we are pushing the envelope here a little bit based on, as you pointed out, as
far as wanting to create more of the site for usable land than was in your restoration plan
that you have with the settlement with the owner, but I think you really took the fist step
with this, when you did your comprehensive plan and you guided that area for high
density housing with some mixed use of office and industrial further on the piece to the
west. And I've asked the planning staff when they're out there, and I asked you in the
letter that I addressed to you that eventually we'd like to come back to you and, without
impacting any additional trees that we're talking about protecting tonight, but push the
envelope a little bit further so that there would be enough building area there so that you
could really have something very creative for the city. I think traffic can be handled on
212 in that location. I think we can handle the drainage very well, but I think if we could,
this permit allows about 18 acres of usable land but I think in the future we'd like to
come back to you, if you're open to it. The Planning Commission was, to maybe look at
even 25 acres of the land so that we could get 2 or 3 different housing products down on
that site with some creativity to it. With some mixed use. With some buffering, and
really do something, and I compared it to, in a small scale to what the City of Edina did
with the old Hedberg gravel pit, and everything was going on at that operation also from
cement to restoration to mining, but the City said you know we're not going to look at all
the trees and the bluff and all this kind of stuff on this site. We're going to do something
extremely creative here and they create a lot of incentives to do the different type of
housing that the city needed at that time which was people working at the hospital. For
people working at the shopping center that couldn't afford to live any other place in
Edina and I think if we could get some density that you have on your comprehensive
plan. Not exceed that, because you're looking at high density as you're guided, and we
can push the envelope a little bit to areas such as this area here. The tree quality is very
poor and it would require coming back to you with a plan and go through your staff and
Planning Commission but I just wanted to plant that seed because I think there is a
chance here to, the views down there. I mean if you turn to the north, I mean you want to
regurgitate because the site's been graded for 70 years. The shooting. The mining.
Everything's been going on there. The erosion is bad but if you turn and get yourself up
on some of those plateaus and start looking out to the south and a little bit to the east and
west, it's a fantastic site. And if we can create the right plateaus down there, get a mix
use of housing. Maybe even have something down there to serve their needs as far as
shopping, dairy store or ' something down there. I think down the road when you're
looking at your 2008 comp plan amendment, we'd like to come back to you with some
schematics to really do something nice down there. Not just plop in 200 housing units on
18 acres so. To answer your question Mr. Mayor on the financial incentive, I think every
year the incentive for the widow here is she's hoping, it's going to be very costly for her
to restore this site. The lead is substantial as far as not that it's a big environmental issue
but it's spread out pretty good there. They had a pistol range, they had a rifle range and
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City Council Meeting — September 27, 2004
they had a skeet and a trap range so the area that got, the area that got these little pellets
all over it is pretty substantial so it's going to cost her a lot of money to do that. The
incentive for her is to sell off some of this fill in the future and the permit is for 1.8
million cubic yards coming out so I think you have the carrot in front of her that every
year if she's not compliant, this is not being done properly, the erosion's not being taken
care of, you shut that permit down and she's lost her right to sell off an awful lot of
material. And during the first 3 years, the reason we ask for a 5 year deal, I think she's
going to have a very difficult time the next 2 years. When 312 goes in, they're talking
about up to 2 million cubic yards of excess material as they carve 312 below you know
Dell Road, below 101. There's an awful lot of material going to be on the marketplace
next year so if you've got any big holes you want to fill next 2 years would be the time to
do it so I think she's going to have a hard time, we can start the erosion deal. We can
start doing the planting here but I think as far as her marketability of this material, it's
going to be tough for the next year or 2 but then she's got it right, but I think you'll have
the, you'll have a real hammer here if she's, if we're not doing the right thing here, to
shut that permit down so she will not be able to sell that material off and that's going to
be a great financial disincentive for her and give you the carrot you need to get the job
done so, are there any questions?
Mayor Furlong: No? Thank you.
Dan Herbst: Again our whole process was something you didn't have to deal with and I
really thank you for doing this. The staff time involved, planning and your staff, but I
think the end result's going to be great but I really appreciate all the time. Thank you
very much.
Mayor Furlong: Thank you and we appreciate your vision and what can be done in an
area that's, we've struggled with for many years as a city so we thank you as well. Very
good, I'll bring it back to council for discussion. Comments.
Councilman Peterson: Make it so.
Mayor Furlong: Good deal. Everybody's winning.
Councilman Peterson: I approve as staff is recommending.
Councilman Ayotte: Second.
Mayor Furlong: Made and seconded. Is there any discussion on the motion?
Councilman Peterson moved, Councilman Ayotte seconded that the City Council
approves Interim Use Permit Case #04-27 to permit grading, excavation and slope
restoration as proposed on the plans prepared by Sathre-Berquist, Inc., dated
7/16/04, subject to the following conditions:
16
City Council Meeting — September 27, 2004
The interim use permit shall be approved for a period of five (5) years from the
date of City Council approval. Annually the grading permit must be renewed.
The applicant will need to request a formal extension 60 days prior to the
expiration date of the permit.
2. The existing buildings and outbuildings and any septic system or wells on site
shall be abandoned in accordance with City and/or State codes.
3. The applicant shall perform a Phase I Environmental Audit of the property to
determine if the gun range or other site operations have environmentally impacted
the property.
4. The applicant must provide the City with a cash escrow or letter of credit in the
amount of 100% of the construction costs for the appropriate phase of the grading
operations to guarantee erosion control measures, site restoration and compliance
with the interim use permit.
5. Permits from the appropriate regulatory agency must be obtained; including but
not limited to the MPCA and MnDot.
6. Details for the proposed pond outlets shall be submitted for review by the City.
On-site ponding shall be adjusted, if necessary, at the time of site development to
meet the City's requirements for proposed build -out conditions.
8. If erosion control measures installed in conjunction with this interim use permit
are deemed by the City to be effective, the City shall inform the applicant in
writing of any deficiencies. The applicant shall work with the City to remedy the
deficiencies in a timely manner.
9. Stabilization of the toe (first 150 feet of the slope) shall be completed
immediately upon final grade. Stabilization shall be done in phases. Large
portions of the site shall not be left exposed over weekends or during forecasted
heavy rains.
10. The slopes shall be tracked with a dozer at all times. The dozer shall be run
perpendicular to the slope to track the slope.
11. The northeast "comer" of the slope (north of soil boring 18, south of soil boring
14 and inbetween soil borings 10 and 15) shall be stabilized so as to promote long
term stability. This may include a terrace, turf reinforcement mat and slope drain.
12. All blankets installed on site shall be properly applied. The blankets shall make
100% contact with the soil, stapled according to manufacturer's specifications and
head trenched.
17
City Council Meeting — September 27, 2004
13. Geotextile and riprap or geogrids or other approved stabilization shall be used to
provide toe protection.
14. The seed mix specified (MN DOT 500) shall be changed to MN DOT Native Mix
340 (Sandy Mid Height, dry conditions- i.e. south facing slope). An application
rate of 16 pounds per acre is recommended (20 pounds per acre for hydoseeding
or broadcasting).
15. Silt fence shall be installed at least 25 feet away from the toe of the slope to
provide storage and allow the silt fence to function properly. As stated on the
plan, the temporary sediment basins shall be installed prior to grading activities.
Berms may be needed to divert runoff into the basins along TH 212.
16. The applicant must provide a proposed haul route for review and approval
17. If the excess material is hauled to another site in Chanhassen, a separate grading
permit will be required for the other property.
18. All disturbed areas as a result of construction are required to be reseeded and
mulched within two weeks of site grading.
19. T'he applicant must pay the City an administration fee of $7,124 prior to the City
signing the permit.
20. Add the benchmark to the plan that was used for the site survey.
21. End the grading on the eastern side of the creek at the proposed high -point
elevation in the usable area of 756.
22. In the future, when a development proposal is submitted, drainage and utility
easements over the ponds and creek will be required.
23. Add Type I silt fence in the southeast comer of the site around the grading limits
and around the proposed pond outlet.
24. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through
Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday
or legal holidays.
25. Appropriate signage for hauling along TH 212 is required.
26. Tree preservation fencing must be installed at the edge of grading limits.
27. MN DOT Native Mix 340 be used for the seeding.
In
11 . City Council Meeting — September 27, 2004
28. All restored slope shall be planted with trees. The trees shall be bare -root, native
species, one-half to one inch in diameter, five to ten foot spacing in a random
pattern from the top to the toe of the slope. ne approximate number of trees
needed is 20,000 (7' x 7' spacing).
Spacing (feet)
Trees per acre
5x5
1,742
6x6
1,210
7x7
889
8x8
681
lox 10
436
29. A driveway access to 230 & 240 Erie Avenue must be maintained at all times
during construction.
30. Submit a plan showing a permanent driveway access alignment for 230 & 240
Erie Avenue.
31. The harvesting of timber shall be limited to the area within the grading limits.
32. The applicant's engineer must work with city staff to revise the drainage
calculations per city standards and NURP requirements.
AH voted in favor and the motion carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS:
Councilman Ayotte: On a light note, I'd like to ask if Mr. Justin Miller could sit
someplace else besides right where he is underneath that light with an orange tie on from
now on.
Councilman Lundquist: I was going to ask him where he got that...
Councilman Ayotte: Oh good. But on a more serious note, I'd like to make a request of
fellow council and legal counsel to investigate the pros and cons of considering the
mayoral term after 2006 to be changed from 2 years to 4. And to research that as an
option. I personally believe, now that I'm ending my 4 year term, that the stability to this
council could be enhanced if the leadership role would be 4 rather than 2 because it
would (a), add stability in my view, and (b), be less disruptive to the operation of the
council so I just make that request to see if it could be researched and what timing wise
when it would make sense, if it does make sense.
Mayor Furlong: Okay.
Todd Gerhardt: If that's the wishes of the entire council, staff can work with the city
attorney and draft up a report and bring it back to a work session.
19
F�jg 6. 2004 12:4'PNI AND No -2548 �. 1/4
M40
To: Robert Ganerous,.Sr.Planner From: Terry Schwalbe Fax 952-496SW
Fax: 952-227-1110 Pages: 4, including cover sheet
Phons: Date- 8-06-04
Re.- Moon Valley Gravel Mine Restoration CC.
X Urgent 0 For Review 13 Please Comment 0 ple"O Reply 13 Please Recycle
Bob, per our conversabon at 11:20 a.m. this morning, here are our faxed comments
on the above referenced project.
Thank you.
"I ?
T, f�;rclh�wZalbe
Lower Minnesota River Watershed District
CITY OF
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fa 952.22T1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park If Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952,227.1110
Web Site
www.ci.chanhassen.mn.us
September 22, 2004
Mr. Terry Schwalbe
Lower Minnesota River Watershed District
Scott County Government Center
200 4"Avenue West
Shakopee, MN 55379
Re: LMRWD Comments on Moon Valley Gravel Mine Project, Chanhassen
Dear Terry:
The City is in receipt of the District's August 31 letter and resubmittal of comments
for the above project. Thank you for those comments. Per the request of the Board,
the City has evaluated the current version of the plan with respect to the District's
comments and applicable comments have been incorporated into the City's written
review of the project. A brief summary of our findings is included below:
I . The City has reviewed the storm water model and drainage areas and will
work with the developer to address related concerns.
2. Under its rules, the City does not require developments to meet 2 -year
predevelopment discharge rates. However, typically these rates are met if the
10 -year and 100 -year rates are met.
3. Recommended conditions of approval will address concentrated flows, areas
lacking pretreatment prior to discharge in wetlands and areas without pipes.
4. Under its rules, the City does not require skimmers.
5. The City requires water quality ponds be designed to NURP standards.
Thank you again for your comments regarding the proposed restoration project. The
City hopes you will find its recommendations congruous with the intent of District
managers and staff.
If you have questions, please feel free to contact me by phone at 952.227.1135 or by
email at lhaak@ci.chanhassen.n-m.us.
Sincerely,
CITY OF CHANHASSEN
19*;%I�
Lori Haak
Water Resources Coordinator
cc: Bob Generous, Senior Planner
Matt Saam, Assistant City Engineer
The City of Chanhassen - A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gieat place to live, work, and play.
Moon Valley Gravel TvIine IUP
Planning Case No. 04-27
August 17, 2004
Page 6
21.86 acres. The approximate number of trees needed is 9,531 to 38,080, depending on the
spacing. Tree preservation fencing must be installed at the edge of grading limits.
According to ordinance, when the site is developed for residential or office, none of the wooded
areas on bluffs will be counted towards canopy coverage for the site. Additional plantings will
be required at the time of site development.
RECONMENDATION
1. Staff recommends that the Planning Commission adopt the following motion:
2. 'The Planning Commission recommends approval of Interim Use Permit Planning Case #04-27
to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre-
Bergquist, Inc., dated 7/16/04, subject to the following conditions:
3. The interim use permit shall be approved for a period of five (5) years from the date of City
Council approval. Annually, the grading permit must be renewed. The applicant will need to
request a formal extension 60 days prior to the expiration date of the permit.
4. The existing buildings and outbuildings and any septic system or wells on site shall be
abandoned in accordance with City and/or State codes.
5. The applicant shall perform a Phase I Environmental Audit of the property to determine if the
gun range or other site operations have environmentally impacted the property.
6. The applicant must provide the City with a cash escrow or letter of credit in the amount of
$619,650.00 to guar-antee erosion control measures and site restoration and compliance with the
interim use permit.
7. Permits from the appropriate regulatory agency must be obtained; including but not limited to
the NIPCA and MnDOT.
8. Details for the proposed pond outlets shall be submitted for review by the City.
9. On-site ponding shall be adjusted, if necessary, at the time of site development to meet the
City's requirements for proposed build -out conditions.
10. If erosion control measures installed in conjunction with this interim use permit are deemed
by the City to be ineffective, the City shall inform the applicant in writing of any
deficiencies. The applicant shall work with the city to remedy the deficiencies in a timely
manner.
11. Stabilization of the toe (first 150 feet of the slope) shall be completed immediately upon final
grade. Stabilization shall be done in phases. Large portions of the site shall not be left
exposed over weekends or during forecasted heavy rains.
12. The slopes shall be tracked with a dozer at all times. The dozer shall be run perpendicular to
the slope to track the slope.
Moon Valley Gravel Mine RJP
Planning Case No. 04-27
August 17, 2004
Page 7
13. The northeast "comer" of the slope (north of soil boring 18, south of soil boring 14 and in-
between soil borings 10 and 15) shall be stabilized so as to promote long term stability. This
may include a terrace, turf reinforcement mat and slope drain.
14. All blankets installed on site shall be properly applied. The blankets shall make 100%
contact with the soil, stapled according to manufacturer's specifications, and head trenched.
15. Geotextile and riprap or geogrids or other approved stabilization shall be used to provide toe
protection.
16. The seed mix specified (MN DOT 500) shall be changed to MN DOT Native mix 340
(Sandy Mid Height, dry conditions —i.e. south facing slope). An application rate of 16
pounds per acre is recommended (20 pounds per acre for hydoseeding or broadcasting).
17. Silt fence shall be installed at least 25 feet away from the toe of the slope to provide storage
and allow the silt fence to function properly. As stated on the plan, the temporary sediment
basins shall be installed prior to grading activities. Berms may be needed to divert runoff
into the basins along TH 212.
18. The applicant must provide a proposed haul route for review and approval.
19. If the excess material is hauled to another site in Chanhassen, a separate grading permit will be
required for the other property.
20. All disturbed areas as a result of construction are required to be reseeded and mulched within
two weeks of site grading.
21. The applicant must pay the City an administration fee of $7,124.00 prior to the City signing the
permit.
22. Add the benchmark to the plan that was used for the site survey.
23. End the grading on the eastern side of the creek at the proposed high -point elevation in the
usable area of 756.
24. In the future, when a development proposal is submitted, drainage and utility easements over
the ponds and creek will be required.
25. Add Type 1 silt fence in the southeast comer of the site around the grading limits and around the
proposed pond outlet
26. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00
a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays.
27. Appropriate signage for hauling along TH 212 is required.
Moon Valley Gravel Mine fUP
Planning Case No. 04-27
August 17, 2004
Page 8
28. Tree preservation fencing must be installed at the edge of grading limits.
29. MNDOT Native Mix 340 be used for the seeding
30. All restored slopes shall be planted with trees. The trees shall be bare -root, native species,
one-half to one -inch in diameter, five to ten foot spacing in a random pattern from the top to
the toe of the slope. The approximate number of trees needed is 20,000 (T x 7' spacing).
Spacing (feet)
5 x 5
6x6
7x7
8 x 8
lox 10
Trees per acre
1,742
1,210
889
681
436
31. A driveway access to 230 & 240 Erie Avenue must be maintained at all times during
construction.
32. Subirlit a plan showing a permanent driveway access alignment for 230 & 240 Erie Avenue.
ATTACHMENTS
1. Findings of Fact and Recommendation
2. Development Review Application
3. Memo to May, City Council, Planning Commission Chairperson and Members and Staff dated
7/20/04
4. Reduced Copy Grading Plan
5. Letter from Aaron Mlynek to Robert Generous dated 8/4/04
6. Memo from Dan Edgerton to Terry Schwalbe dated 8/4/04
7. Letter from Tod Sherman to Sharmeen A]-Jaff dated 816/04
8. Affidavit of Mailing Notice
g:\plan\2004 planning cases%04-27 - town valley gravel rnin6staff report town valley rev.doc
MEMORANDUM
CITY OF
TO: Bob Generous, Senior Planner
7700 Market Boulevard
FROM: Matt Saam, Assistant City Engineer
PO Box 147
lk�
Chanhassen, MN 55317
the site, at an elevation of 710. This low point is west of Dell Road, which is the
Recreation Center
2310 Coulter Boulevard
DATE: September 15, 2004
Administration
only drops to an elevation of 722, which means that TH 212 would flood on the
Phone: 952.227,1100
Fax: 952.227.1110
SUBJ: City Council Update on Moon Valley ]UP
Planning &
Grading Permit File No. 04-05
Building Inspeclions
travel to/from the site from the western side via TH 10 1 north.
Phone: 952.227.1180
Fax: 952.227.11 go
At the August 17, 2004 Planning Commission meeting, a concern was raised by a
Engineering
resident during the public hearing for this site. The concern centered on the
Phone: 952.227A 160
occasional flooding of Trunk lEghway (TH) 212 and how that could restrict
Fax: 952.227,1170
Fax: 952.227.1310
access to/from a future development on the Moon Valley site. The resident was
Finance
concerned that future residents may be trapped inside the development if TH 212
Phone: 952.227.1140
would flood.
Fax: 952.227.1110
Park & Recreation
Staff has since reviewed the existing topography of TH 212 adjacent to the site. It
Phone: 952 227.1120
appears that there is a low point in TH 212, approximately one-half mile east of
Fax: 952.227.1110
the site, at an elevation of 710. This low point is west of Dell Road, which is the
Recreation Center
2310 Coulter Boulevard
closest intersecting street east of the site. The elevation of TH 212 west of the site
Phone: 952.227.1400
only drops to an elevation of 722, which means that TH 212 would flood on the
Fax� 952.227.1404
east side of the site before flooding on the west. The road flooding east of the site
Planning &
would prevent any vehicular movement to Dell Road but residents could still
Natural Resources
travel to/from the site from the western side via TH 10 1 north.
Phone: 952.227.1130
Fax: 952.227.1110
Jms
Public Works
1591 Park Road
gAeriftrading pernnts\04-05\ccupdate.dm
Phone: 952,227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
The City of Chanhassen s A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
VIM
Moon Valley
Possible restoration costs (not including labor)
Based on 20,000 trees required
Seedlings
Species: oak, red cedar
Size: 6"-8" height
Cost:
Oak $290/1000 15,000 trees $4,350
Red cedar $190/1000 5,000 trees $950
Example total $5,300
Tubex tree shelters highly recommended to protect against animal (deer, rabbits,
etc) damage and winds
Cost: 4' tube ($3.04) + stake ($1.8 1) 20,000 tube/stakes $67900*
2' tube ($1.73) + stake ($0.99) 20,000 tube/stakes $38080*
�Supplier: Treesentials, St. Paul Company would offer 30% discount or
more for large order. (example totals reflect 30% discount)
Ways to reduce tube costs: Stakes could be purchased from other source; Nfix
of tubes for slope — use shorter tubes near middle and top, taller tubes near bottom
and woods; Tubex. distribution center located in Nfinneapolis and materials could
be picked up at warehouse to save freight costs.
Bareroot trees:
Species: oak, red cedar
Size: 1/2" caliper — 1" caliper
Cost: $18-$22 per tree
Moon Valley
Possible restoration costs (not including labor)
Based on 20,000 trees required
Seedlings
Species: oak, red cedar
Size: 6"-8" height
Cost:
Oak $290/1000 15,000 trees $4,350
Red cedar $190/1000 5,000 trees $950
Example total $5,300
Tubex tree shelters highly recommended to protect against animal (deer, rabbits,
etc) damage and winds
Cost: 4' tube ($3.04) + stake ($1.8 1) 20,000 tube/stakes $67900*
2' tube ($1.73) + stake ($0.99) 20,000 tube/stakes $38080*
�Supplier: Treesentials, St. Paul Company would offer 30% discount or
more for large order. (example totals reflect 30% discount)
Ways to reduce tube costs: Stakes could be purchased from other source; Nfix
of tubes for slope — use shorter tubes near middle and top, taller tubes near bottom
and woods; Tubex distribution center located in Nlinneapolis and materials could
be picked up at warehouse to save freight costs.
Bareroot trees:
Species: oak, red cedar
Size: 1/2" caliper — I" caliper
Cost: $18-$22 per tree
MYOF
MEMORANDUM
CONSENTO:
Bob Generous, Senior Planner
7700 Market Boulevard
FROM: Matt Saam, Assistant City Engineer
P
PC Box 147
-
Chanhassen, MN 55317
DATE: September 24, 2004
Administration
Phone: 952.227 1100
Fax: 952.227.1110
SUBJ: Moon Valley ]UP — Revised Condition
Grading Permit File No. 04-05
Building Inspections
Phone 952 227,1180
Fax 952227.1190
Due to the phased grading approach being taken on this project, condition #4,
Engineering
which details the security amount required, will be revised to read:
Phone. 952.227.1160
Fax: 952.227 1170
4. The applicant must provide the City with a cash escrow or letter of credit in
Finance
the amount of 110% of the construction costs for the appropriate phase of the
Phone: 952.227.1140
grading operations to guarantee erosion control measures, site restoration, and
Fax: 952 227.1110
compliance with the interim use perriffit.
Park & Recreation
Phone: 952.227,1120
Fax: 952.227.1110
&\eng\,�din,g permjts\04-05\mvised �ditim.dm
Recreation Center
2310 Coulter Boulevard
Phone: 952.227,1400
Fa)c 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227,1300
Fax: 952.227.1310
Senior Center
Phone: 952.227,1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
The City of Chanhassen - A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding [rails, and beautiful parks. A great place to live, work, and play,
i
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
aff OF (952)227-1100
Date: July 21, 2004
To: Development Plan Referral Agencies
From: Planning Department
By: Robert Generous, Senior Planner
Subject: Moon Valley Gravel Mine Restoration — Request for Interim Use Permit (Grading) on property zoned
Agricultural (A-2), located south of Hennepin County Regional Railroad, north of State Highway 212
and cast of Sorensen Addition, Beatrice Zwiers and Moon Valley Aggregates
Planning Case: 04-27
The above described application for approval of a land development proposal was filed with the Chanhassen Planning
Department on July 16, 2004. The 60 -day review period ends September 14, 2004.
In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would
appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and
proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites,
street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written
report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City
Council.
This application is scheduled for consideration by the Chanhassen Planning Commission on August 17,2004 at 7:00 p.m. in
the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 6,
2004. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is
greatly appreciated.
1. City Departments
a. City Engineer
b. City Attorney
c. City Park Director
d. Fire Marshal
e. Building Official
f. Water Resources Coordinator
g. Forester
2. Watershed District Engineer
3. Carver Soil & Water Conservation District
4. MN Dept of Transportation
5. U.S. Army Corps of Engineers
6. CenterPoint Energy Minnegasco
7. MN Dept. of Natural Resources
8. Telephone Company
Qwest or United)
9. Electric Company
(Xcel Energy or MN Valley)
10. Medicorn
11. U. S. Fish and Wildlife
12. Carver County
a. Engineer
b. Environmental Services
13. Other -
14.
5
Mr. Paul Czech, Principal Planner
MN Dept. of Transportation
1500 Go. Rd. B2 West
Roseville, MN 55113
Ms. Julie Ekman, Area Hydrologist
MN Dept. of Natural Resources
Metro Region Waters
1200 Warner Road
St. Paul, MN 55106
Mr. Larry Samstad Mr. Paul Burke
Lower MN River Watershed District U. S. Fish & Wildlife
Scott County Government Center
200 4th Avenue West 4101 E 80th Street
Shakopee, MN 55379 Minneapolis, MN 55425-1665
Mr. Alan Olsen
Forester
MN Dept. of Natural Resources
9925 Valley View Road
Eden Prairie, MN 55344
Mr. Aaron Mylnek
Carver Soil & Water
Conservation District
219 East Frontage Road
Waconia, MN 55387
Mr. Gary Feltmann
Army Corps of Engineers
Construction Operation Regulatory
1905 Ih Street East
St. Paul, MN 55101-1638
Cq - D71
CITYOFCW, EUo'_!t-"
7 7700 Market I u�evard, P.O. 1
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Disclaimer
This hial, is neither a legally recorded nW ther a sunrey and is not Mended to be used aft, me. This nrelp is
a cornpilm. of records, inforrinattort and dwa located! in mriods city, county. state mc! federal offices and
other sources regarding Has area shown, and is to be used for ralmince Porltoscit only. The " does net
,eenant that the Geof,raplec, Infornnation SystearI (GIS) 11Sta used to chapare, INS rral, am error has, and the
City does no represert that the GIS Data can be used for rommigall0ral, traclong or my other curposs,
rectuiring exacting masurenrent of distance or chrection o, Precision in ING deV;Cfiw Of ge0QmPhC features
If mors or discrepancies am found please contact 952-227-1107. The preciscing cisclairner is pranced
pursuant to Vinnesota Salome §466,03, Sulbd� 21 (2000), and the user of INS rnip acknoWedges that the
City, aNall net be liable let my tonnages. and expressly —vaS all claim, and agrees to defend, incleennify,
and hold harrNess this City frorn my and of clad. brought by User. Its ernployeas or agents, or third
partme which anse W of the usses access or use of data Provided. Z.V
LOREN P & HEIDI WHEELER
3423 BRIMWOOD DR
HOUSTON TX 77068-2028
lilt] III Id III IT! III ]I H 11!111 Hit I I I I I! it I fl!illll I 1 1:1 I!Iflll
0
A Notice of Public Hearing lillieeting
Chanh'Tssen Planning Commission
Date &Time:
Tuesday, August 17, 2004 at 7:00 p.m.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Request for an Interim Use Permit for grading, excavation in—d
Proposal:
slope restoration on property zoned Agricultural Estate District
(A-2)
Planning File:
04-27
Applicant:
Beatrice Zwiers & Moon Valley Aggregates, Inc.
South of Hennepin County Regional Railroad, north of Stat
Property
Highway 212 and east of Sorenson Addition (100 Flying Cloud
Location:
Drive)
a is on
A loch I I tho to erse side of this notIca.
0�
The � A�Dose of this public hearing is to inform you about the
applicant's request and to obtain Input ftbm the neighborhood
about this project. During the meeting, the Chair will lead the
public hearing through the following steps:
What Happens
at the Meeting:
1 . Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please stop
by City Hall during office hours, 8:00 a.m. to 4:30 p.m.,
Monday through Friday. If you wish to talk to someone about
Questions &
this project, please contact Robert Generous at 952-227-1131
Comments:
or e-mail baenerous Oci.chanhassen.mn.us. If you choose to
submit written comments, it is helpful !o have one copy to the
department in advance of the meeting. Staff will provide
-Fily
�Procedur.
copies to the Commission.
Review
• Subdivisions, Planned unit Developments, Site Plan Reviews, conditional and interim uses, Welland Alterations,
Razonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the
Planning Commission, City ordinances require all property within 500 feet of the subject site to be wiffied of the
application in writing. Any interested party is invited to attend the meeting.
• Staff prepares a report on the subject application that includes all pertinent information and a recommendation.
These reports are available by request. At the Planning commission meeting, staff will give a verbal overview of
the report and a recommendation, The item will be opened for the public to speak about the proposal as a part of
the hearing process. The Commission will close the public hearing and discuss the item and make a
recommendation to the City council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation. Rezonlngs, land use and code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commerclaftclu,trial.
• Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard. Some applications due to their complexity may take several months to complete. Any
person wishing to follow an Item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
• A neighborhood spokespersorVrepresentabve is encouraged to provide a contact for the city. Often developers
are encouraged to meet with the neighborhood regarding their propmal. Staff is also available to review the
project with any Interested person(s).
• Bemuse the Planning Commission holds the public hearing. the City Council does not, Minutes are taken and
any c0rr&sP0=regardhng the application will be included In the report to the City Council. If you wish to have
somethina to ded In the report, Please contact the Planning Staff person named on the nolfficallon.
NOTICE OF PUBLIC HEARING
PLANNING CASE NO. 04-27
CITY OF CHANHASSEN
NOTICE IS HEREBY GIVEN that
the Chanhassen Planning
Commission will hold a public
hearing on Tuesday, August 17, 2004,
at 7:00 p.m. in the Council Chambers
in Chanhassen City Hall, 7700 Market
Blvd. The purpose of this hearing is
to consider a request for an Interim
UsePennitforgrading,excavationand
slope restoration on property zoned
Agricultural Estate District (A-2)
located south of Hennepin County
Regional Railroad, north of State
Highway 212 and east of Sorenson
Addition - Moon Valley Gravel Mine.
Applicant: Beatrice Zwiers & Muen
Valley Aggregates, Inc.
A plan showing the location of the
proposal is available for public review
at City Hall during regular business
hours. Ali interested persons are
invited to attend this public hearing
andexpresstheiropiniomwithrospect
to this Proposal.
Robert
Generous, Senior Planner
Email:
b=ff.ousAci.chanhass;en.mm.us
Phone: 952-227-1131
(Published in the Chanhassen
Villageron7bursday,Augast5,2004;
No. 4244)
6q -'17)
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota)
)SS.
County of Carver )
Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
lager and has full knowledge of the facts herein stated as follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 33 IA.02, 33 IA.07, and other applicable laws, as
amended.
(B) The printed public nonce that is attached to this Affidavit and identified as No.��W
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified- Printed below is a copy of the lower case alphabet from A to Z, both
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
and publication of the Notice:
abcdcfghijkInmopqrsmvw)�Xz I
Laurie A. Hartmann
Subscribed and sworn before me on
this ��day of 2004
Notary Public
,GVVEN . =RA
T:��MDUENZ
Z
WS
NOTARY"W WMESOTA
MYCM"W-EXPiMsjw.3i%5
E40 m� E.0':J' 3102W5
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space .... $22.00 per column inch
Maximum rate allowed by law for the above matter ............................... $22.00 per column inch
Rate actually charged for the above matter .............................................. $10.85 per column inch
SATHRE-BERGQUIST, INC.
150 South BroadvQy Phone: (952) 476-6000
Wayzata, MN 55391 Fax: (952) 476-0104
�.sathrecm
Transmittal
Date: August 11, 2004
Job #: 6965-004
To: City of Chanhassen From: Justin Larson
690 City Center Drive �rL
P.O. Box 147
Chanhassen, MIN 55317
Attn: Bob Generous Regarding: Moon Valley Mine Restoration
FT—ransmitted- via:
2 Herewith 0 Fed Ex
0 Under separate cover 2 Courier (2 -Hour)
El Mail
0 Hand delivery
Item/rev
date
Quantity
Fornnat Description
06/28/04
16
P End Use Grading Plan 1992
66/2-8/04
1
PR End Use Grading Plan 1992 (1 1x1 7)
1=1MrSP&&XY
wesr�
cc: File
CITY OF CHANHASSEN
7700 MARKET BLVD
CHANHASSEN MN 55317
Payee: SETTLERS WEST LIMITED PARTNER
Date: 10/01/2004 Time: 2:53pm
Receipt Number: DW 5478
Clerk: DANIELLE
GIS LIST 04-27
ITEM REFERENCE AMOUNT
-------------------------------------------
GIS GIS LIST 04-27
GIS LIST 165.00
---------------
Total: 165.00
Check 1028 165.00
---------------
Change: 0.00
THANK YOU FOR YOUR PAYMENT!
0 0
City of Chanhassen
7700 Market Boulevard Invoice
P.O. Box 147
Chanhassen, MN 55317
CM of (952) 227-1100
Raw
To: Beatrice Zwiers & Ship To:
Moon Valley Aggregates, Inc.
11111 Deuce Road
Elko, MN 55020
SALESPERSON
DATE
TERMS
KTM
815/04
upon recei
UNIT
55 1 Property Owners List within 500'of 100 Flying Cloud Drive (55 labels)
TOTAL DUE
Make all checks payable to: City of Chanhassen
Please write the following code on your check: Planning Case #04-27.
If you have any questions concerning this invoice, call: (952) 227-1107.
THANK YOU FOR YOUR BUSINESS!
$3.00 1 $165.00
$165.00
Public HeAng Notification Area 500 feet)
Moon Valley Gravel Mine Restoration
Interim Use Permit
City of Chanhassen
Planning Case No. 04-27
Subject
Site
r-1 L
U S FISH & WILDLIFE SERVICE JAMES M HAUTMAN &
1 FEDERAL DR DOROTHY D HAUTMAN
BISHOP HENRY WHIPPLE FED BLDG 10095 GREAT PLAINS BLVD
ST PAUL MN 55111-4056 CHASKA MN 55318-9466
RICHARD T HALVER
10271 GREAT PLAINS BLVD
CHASKA MN 55318-9468
JOHN & ELAINE Z MALAKOWSKY
10301 GREAT PLAINS BLVD
CHASKA MN 55318-9467
DAVID R TEICH
1217 MONROE ST S
SHAKOPEE MN 55379-2062
STEVEN JON & ANGELA S SMITH
240 FLYING CLOUD DR
CHASKA MN 55318-9532
LE VERNE M VASSAR
285 FLYING CLOUD DR
SHAKOPEE MN 55379-
LOWELL & CLAUDIA CAMPBELL
415 LAKOTA LN
CHASKA MN 55318-9457
ALVIN R LEBENS
460 FLYING CLOUD DR
CHASKA MN 55318-9533
JAMES E & GAIL E BECKER
10291 MANDAN CIR
CHASKA MN 55318-9402
PCH DEVELOPMENT LLC
10500 GREAT PLAINS BLVD
CHASKA MN 55318-9470
SKIP S COOK
15526 VILLAGE WOODS DR
EDEN PRAIRIE MN 55347-1439
TIMOTHY P & JAMI L BUSBY
2510 BRINKHAUS ST
CHASKA MN 55318-1560
LOREN P & HEIDI WHEELER
3423 BRIMWOOD DR
HOUSTON TX 77068-2028
TIMOTHY M & VICTORIA A WISE
425 LAKOTA LN
CHASKA MN 55318-9457
MICHAEL S SPIESS
470 FLYING CLOUND DR
CHASKA MN 55318-9533
STATE OF MINNESOTA -DNR
TAX SPEC. - BUREAU OF R E MGMT DEVAL U & DATTA D MEDH
500 LAFAYETTE RD 535 LAKOTA LN
ST PAUL MN 55155-4030 CHASKA MN 55318-9456
P R KELLY PROPERTIES LLC JACK BRAMBILLA
550 FLYING CLOUD DR 550 VALLEY PARK DR
CHASKA MN 55318-9502 SHAKOPEE MN 55379-1811
RENEE L STRICKLAND
10251 GREAT PLAINS BLVD
CHASKA MN 55318-9468
JEFFREY & KATHLEEN DYPWICK
10300 GREAT PLAINS BLVD
CHASKA MN 55318-9467
HARRY E NIEMELA
10670 POPPITZ LN
CHASKA MN 55318-9280
DAN & VALERIE TESTER
230 FLYING CLOUD DR
CHASKA MN 55318-9532
LARRY HOPFENSPIRGER
2720 QUAKER LN N
PLYMOUTH MN 55441-3285
RUSSELL & YVONNE BARTO
400 LAKOTA LN
CHASKA MN 55318-9452
LONNIE FORD
450 FLYING CLOUD DR
CHASKA MN 55318-9533
WALTER & MARTHA MOROZ
495 LAKOTA LN
CHASKA MN 55318-9457
MARTIN K & KATHLEEN M
SCHUTROP
540 LAKOTA LN
CHASKA MN 55318-9453
NORMAN & KAROLINE L MONROE
TRUSTEES OF TRUST
565 LAKOTA LN
PO BOX 115
CHASKA MN 55318-0115
BETTY JEAN DRURY
575 FLYING CLOUD DR
PO BOX 193
SHAKOPEE MN 55379-0193
VERNE L & SUSAN B SEVERSON
675 LAKOTA LN
CHASKA MN 55318-9455
JOHN J & J PHILLIPS ETAL
C/O JAMES & CHERYL SULERUD
730 VOGELSBERG TRL
CHASKA MN 55318-9461
ALLEN R ROTHE
750 VOGELSBERG TRL
CHASKA MN 55318-9461
THOMAS W & BEATRICE I ZWIERS
9390 267TH ST
LAKEVILLE MN 55044-7890
JOHN M & LINDA J REVIER
9881 DEERBROOK DR
CHANHASSEN MN 55317-8550
MICHAEL J & PATRICIA A CONROY
9921 DEERBROOK DR
CHANHASSEN MN 55317-8552
STEPHEN M & NICOLE DRAGOS
9960 DEERBROOK DR
CHANHASSEN MN 55317-8551
JIMMY M & MARY E ROANE
9981 DEERBROOK DR
CHANHASSEN MN 55317-8552
KURT G & LINDA L ABRAHAMSEN JAMES A & BONNIE B SWANSEN
575 LAKOTA LN 615 LAKOTA LN
CHASKA MN 55318-8455 CHASKA MN 55318-9455
RILEY PURGATORY BLF CRK WS
C/O PAUL HAIK LOIS A RIESGRAF
701 4TH AVE S 720 VOGELSBERG TRL
SUITE 500 CHASKA MN 55318-9461
MINNEAPOLIS MN 55415-1810
JAMES M & CHERYL A SULERUD DEBRA L WENDORF
730 VOGELSBERG TRL 740 VOGELSBURG TRL
CHASKA MN 55318-9461 CHASKA MN 55318-9461
JOHN B & JANE A PAUL
ERIC E AARON TRUSTEES OF TRUST
8944 154TH ST W 9121 SABRE LN
PRIOR LAKE MN 55372-2116 WESTMINSTER CA 92683-5521
CATHERINE SUZANNE LARSON JOHN E & ANN LONSTEIN
9841 DEERBROOK DR 9861 DEERBROOK DR
CHANHASSEN MN 55317-8550 CHANHASSEN MN 55317-8550
GARY A & PATRICIA B KOCH GERALD F & NANCY G SLOCUM
TRUSTEES OF TRUST 9920 DEERBROOK DR
9901 DEERBROOK DR CHANHASSEN MN 55317-8551
CHANHASSEN MN 55317-8552
DENIS C & MARY E DUKER MICHAEL A & MOLLY B BOYLAN
9940 DEERBROOK DR 9941 DEERBROOK DR
CHANHASSEN MN 55317-8551 CHANHASSEN MN 55317-8552
JEFFREY R & BARBARA C MICHELL PAULJTAUNTON
9961 DEERBROOK DR 9980 DEERBROOK DR
CHANHASSEN MN 55317-8552 CHANHASSEN MN 55317-8551
OCT -11-2004 11:52 FROM:
TO:
x9gliliN
TO:9522271110
raThe Perntorn Land Company
7COT ANAGRAM DRIVE
EDEN PRAIRIE. MINNESOTA 53344
(952) 937-0716 - FAX (952) 937-863S
FAX N -UMBER-.
FAX COWR SHEET
Eop
NUMBER OF PAGES SENT INCLUDING COVER SHEET:
. MR
DATE SENT: /0- //-ov
41
P. 1/4
OCT -11-2004 11:52 FROM: TC:9522271110 P.2/4
IN -1 The Pemtom Land Company
rQ7 AKIA�DAM MUIVE
I
EDEN PRAIRIE, MINNESCTA S5344
(952) 937-0716 - FAX (952) 937-8635
October 11, 2004
Ms. Kate Aancnson
Community Development Director
City of Chanhassen
7700 Market Blvd.
Chanhassen, NfN 55317
Re. Commitment Letter for Brownfields Grant Application
Moon Valley Property, 100 Flying Cloud Drive, Chanhassen, Minnesota
Dear Ms. Aanenson-
Since the City Council approval of our interim use permit for the Moon Valley property,
we have proceeded to complete an Environmental Audit as required under the permit
approval conditions. Simultaneously, we thought it would be a great benefit to the
property, the city, and future landowners if there was a cooperative effort to work with
the Minnesota Pollution Agency. To that end, we are requesting the city to join with the
landowner to complete a Brownfields Grant Application.
The Penitom Land Company has an option to acquire the Moon Valley property subject
to the completion of the grading permit, the environmental clean up of the site, and the
city's future timing to extend utilities to this location -
The city had the foresight to prepare a Comprehensive Plan for this area providing for a
mixed use of high-density housing and office/commercial uses.
We envision a plan that would fulfill the vision of the Comprehensive Plan to develop
this property into such a mixed use. A mixed use plan Was prepared by our company for
Hennepin Village in Eden Prairie. There was also a collaborative effort between four
developers and the City of Edina which resulted in the renowned Edinborough and
Centennial Lakes, a very successful mixed use development on the Hedberg Gravel pit
site in Edina.
I have submitted information to the city relative to Centennial Lakes and Edinborough.
Attached is a land use plan for Hennepin Village showing the mixed use of retail, office,
and mid to high-density housing as well as a generous allocation of park and open space
comprising over 40% of the site.
OCT -11-200,1 11:52 FROM:
Ms Kate Aanenson
October 11, 2004
Page 2
TO:9522271110 P.3,4
We look forward to working with the city to complete a succcssful plan for the Moon
Valley property. The landowner will make sure that all costs relative to this Brownfield
Grant Application will not be borne by the City of Chanliassen
Sincerely,
17
Daniel J.
President
DJIVidt
Enclosure(s)
-11-2004 11:52 FROM
TO:9522271110
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The Pemtom Land Company
7597 ANAGRAM DRIVE
EDEN PRAIRIE, MINNESOTA 55344
(952) 937-0716 - FAX (952) 937-8635
August 20, 2004
Mr. Robert Generous
Senior Planner
City of Chanhassen
7700 Market Blvd.
P.O. Box 147
Chanhassen, MN 55317
RE: Planning Case No. 04-27
Moon Valley Restoration — Future Development Plans
I I T -Ir % "T f XCIP JP1 r JTOT M
RECEIVE[)
AUG 2 6 2004
C1Ty0FCHANHAsSEN
I will be out of the country on September 13, 2004, the night of the scheduled City
Council meeting to review/approve the above referenced item.
On behalf of the applicant, Beatrice Zwiers and Moon Valley Aggregates, Inc., I would
respectfully request that the City Council place this on their agenda on Monday,
September 27, 2004.
Under current Minnesota Statutes, we respectfully request that the time period allowed
for municipal review of the above referenced item be extended to include the date
necessary for the City Council to review and act on our application.
Collectively, we are appreciative of the cooperation and consideration granted by the City
Staff and Planning Commission. We understand this has involved all aspects of your
staff and the cooperation is greatly appreciated.
Sincerely,
MOON VALLEY AGGREGATES, ]INC.
*a�- ;�W�
Beatrice Zwiers
Individually and as the President of Moon
Valley Aggregates, Inc.
JUN -28-04 10:55 FROM:PEMTOM LAND COMPANY IDzBI29376635 PACE 8/22
MEMORANDUM
I
TO, Bpan Weisberg
FROM: Jim yarosh
DATE: June 25, 2004
RE: City of Chanhassen Ordinances
File No. 21,49 1 -D-003
I reNiewed the City of Chanhassen Code of Ordinances to determine the procedum for
amending the Larthwork Permit Agreement. gxamed to Thomas ZvvieTs and Moon Valley
Aggregates, Inc. to Tnodify the "End -Use Grading Plan." As background, Bea Zwiers, Moon
Valli ey Aggregates, Inc and Peratorn Land Company bzve jointly submitted a plat to the City of
Chanassen ihat subdivides a portion of the upper plateau. The City has requested that, as part Off
the subdivision approvi%I, an end use grading plan be developed for the Moon Valley pit.
Perrtorn has proposed a new End-use Grading Plan for the Moon Valley pit that reduces the
adverse blulf impact and results in a site plan more in line wM the City's guide plan.'Lor this site -
Section 7-30 — Section 7-47 of the Chanhassen code covers excavatiri& mining, filling
and grading. Section 7-33 of the code provides =emptions from the earthwork permit
requirements. Subdivision 7 of Section 7-33 provides that an Earthwork Permit is not required to
perfoim eaTthwork in accorda= with a development contract approved und&r the City's
subdivision ordinance- Exempt earffiwork must comply with the requirements of Swtion 7-34 of
the Code, however, if the City Council believes an alternate plan meets the purpose and intent of
the ordinances in this section of the code the Council, by an afffirma-dye vote, can deviate from
the standards. Spccuically, Section 7-47 states--
JUN -20-04 10:55 FROM:PEMTOM LAND COMPANY ID:BI2937EIG35 PAGE 9/22
11
e eit-j cou�cwl may allow deviation from the standards set forth herein:
I
(1) For operations that existed prior to the eneLctment of this article when it is not
f=jble to comply because of pre-existingconditions.
(2) When because of topographic or Other conditions it is not possible to comply.
(3) When alternates tht accomplish the purpose and intent of -Lhe standard set forth in
this irticle are agreed upon by the city and the operator. I
The bases for deviation are all applicable to the Moon Valley pit As part oF the
Developer's Agrorment, the CuLl Council and the other parties can arnend the existing "End-use
Gmding Plan" required by the Earthwork Permit Agrement and substitute the modified End-use
Grading Plaa that Perntorn has proposed. There will be no need to obtain an interim use permit.
A copy of the entire section of the Chanhassen ordinance regarding excavating, mining, filling
and gTading is attached.
I
Chanhassen Giry Code § 7-47 (enWhasis addcd).
FA
JUN -28-04 10:56 FROM:PEMTOM LAND COMPANY IjotG12S378635 PACE 10/22
ART11CLE III. EXCAVAUNG, MININ6,RLLING AND GRADTNG* Page I oF7
C, -!Z A D!!NG
ARTICLE-lil. E)�CAVAj-jNC-,?/jrNNr,,FLLLJNC
TAND GRADING'
-��C-ross references- Zoning generally, CIL 20; landscaping and tree removal, § 20-1176 et seq-1-
mineral e)araction, § 20-1351 -
See. 7-30. Purposes and intent�
The purpow of this;�Llicle is to promote the heald4 safety and welfare of -the community and to
establish reasoral.A�e uniform limitations, standards, safeguards and controls for excavating,
miniTig, filling, and grading within the city- Excavating, mining, filling, and grading permits for
More than fifty (50) cubic yards, but less than one thousand (1.000) cubic yards of material in a
twelve-tronth period may be processed administratively. Excavating, mining, filling, and
grading of one thousand (1,000) cubic yard of materiall or more in a rwelve.-month peTiod shall
be processed in the same manner as an interim use permit,
(Ord. No. 128, § 17 5-14-90)
Sec, 7-31. Defirtitions.
The fbIlowing words, terms and phrases shall have die following meanings respectively ascribed
to Them-.
Farth work- or work the earth: PNcavatiag, mining, fiffing or grading-..
Excavating or mining:
(1) The rernoval of theratural surface of the earth, whether sad, dirt, soil, sand, gonvet, stone,
or other roaarr, creating a depression.
(2) Any area where the topsoil or Overburden hE5 becri removed for the puz-posc of removirig
earthly delx)sits or minerals.
(3) Any area that is being used for stockpiling. storage� and processing of sand, gravel, black
dirt, clay, =d other minerals -
Filling or Vadh�q: To change the contour of the land.
Overburdev: Those materials which lk-- between the surface of the earthand maTerial deposit to
be extracted-
Resforalion: To renew land to self-sustaining long-term use Which is compatible with Contiguous
land uses, present and fvture, in accordance with the standards set forth ir this article -
Topsoil: That portion of the overburden which lies closest to the earth's Surface and supports the
growth of vegetation -
(Ord. No. 128, § 1, 5-14-90)
Sec. 7-33 2. Permit required.
Excep, as otherwise provided in this article, it shall. be unlawful for anyone to work- the earth
withont haviag first obtained a written permit from the city authorizing the same in accordance
with this anicle- Active earth work operations that predate this article that do not have a permit
shall cease operarions or obtain an eaTth work permit within six (6) months after the adoption of
this article. Currerit pc ma It holders shall come into compliance with the terms of this article no
later Than the re�tw-�l d am of such permit holder's earth work permit.
(Ord. No. 128, § 1, 5-14-90)
Sec. 7-33. Fxemptious from permit requirements.
The following activities do notrequire an earth work permit:
JUN -28-04 10156 FROM:PEMTOM LAND COMPANY ID=612S37eB35 PAGE 11/22
ARTICLE 111. EXCAVATING, MWING, FT -1 LING AND CTRADING4 Page 2 of 7
I(1) Fxcavation for a foundation, ceRar, or basement of a building if a building permit has been
issued. 1
(2) Gradip-, allot in conjunction with building if a building permit has been issuff-d-
(3) Excavation by the federal, Mue, county . , city, or other Sovernment agencies in connection
with construction or maintenance of streets, highways, or utilities.
(4) Curb cars. utility hookups, or roadway openings for which another permit has been issued
by the city.
(5) ExcavaTion or filling of less than fifty (50) cubic yards in a calendar year.
(6) Plowing and tilling for agricultural purposes.
(7) Earth work in accordance with a development contract approved under the city's
subdMsion ordinance- if the developineftt coritractrequires that a letter of credit or other security
be postcd7 the letter of Credit or other security must be posted before any excavation takes place.
(Ord. No. IM, § 1, 5-14-901- Oid- No. 324, § 4, 7-9-01)
Se--- 7-34. Exempt earth worlL
Earth work that is exempt from obtaining a permit pursuant to section 7-3 3 shaU--
(1) Comply with the city's erosion control standards.
(2) Maintain natural or e)dsting drainage patterns -
(3) Comply with the citys other ordinance recluirements including tree preservation and
wetland protection -
(Ord. No- 128, § 1. 5-14-90)
See. 7-35. Applications for earth work permits.
An application for an earth work permit shall be rocesse wordauce with the -came
p�ocediwres sWeifted in the city Code relating a"TrI
Tj E mta-i== Its rth work of
"Crtrut:�=Cept that --m --
more than fifty Oo� cubic yards of material but im �thanone thousand (1,000) cubic yarcg of
material m a twdlve-morith period may be approved Administratively.
An application lipr a permit shall contain:
(1) The name and address of The operator and owner of the land, together with proof OF
ownership. If the operator and owner are different. both -must sip the application.
(2) The correct legal description of the properTy*where the activity is proposed to occur -
(3) A certified abstract listing the names of all landowners owning property within five.
hundred (500) feet of the boundary of the property de=ibed above.
(4) Snecifications; of the follo-wing, using appropriate maps, photographs and surveys:
a. Propostd grAding plan.
b- Proposed siockpile sites.
c. The physical relationship of the proposed designated site to the community and existing
development
d. Site topography and natural features including location of watercourses and water bodics-
e. Tliedeicrip-LionaiLdqttantityofmatcri,7dtobe excavated-
f- The depth of water tables throughout the area.
g. The location and depth of wells and buried g-arbage, water, and fill -
(5) The f the operation.
(6) The = time required to complete the operation.
(7) Hours and months of operation.
(8) A tree 2 ey indicating the location and type of all; trees over six (6) inches in caliper. In a
heavily wooded area only the boundaries of the tree areas must be indicated on the survey,
(9) An end us -landscape plan and interim screening plan for the operation period.
(10) The plan of operation, including processing, nature of the piocessing and equipment
location of I he p1wit source of water, disposial of water and reuse of water.
(I z) Travel i
routes to and from the site and the number and type of trucks that l>411 be used.
JUN -26-04 10m56 FROM:PEMTOM LAND COMPANY ID=612937EIG35
-- --------
AX17CLE III- EXCAvATING, IMINING, FILLING AND GRAD11W
PAGE 12/22
Page 3 od'7
(12) Plans for drainage, erosion control, sedimentation and dust control -
(13) A res-toration plan providing for the orderly and continuing restoration Ofall disturbed
lard to a condition equal to or better than that which e)dsted prior to the earth work- Such pla-
shall illustrate, using photographs, maps and surveys where appropriate, the following:
a. The contour of the laud prior to excavation and proposed contours after completion of
excavation and after completion of restoration.
b. Those areas of the site to be used f6r storage of topsoil and overburden-
c- A sebedule sctting forth the timetable for excavation of land lying withip the extraction
facility.
d. The grucle of all slopes after restoration, based upon proposed land uses, and description of
the type and quantity of plantings where ievagetatioia is to be conducted-
e- The critc6a and standard& to be used To achieve final restoration as well as iritzt-mirLent
stabilization -
(14) A slaternrial identifying the applicants program to insure compliance with the permit
conditions, inethod of response to complaints and resolving conflicts that may wise as a result of
complaints -
(15) Unless exempt under Minnesota Rules, an environmental assessment workshect, if
required by the city.
(16) A wetlmd altet-ation permit, if required by the city Code, which sMl be processed
conc=ently with the excavation permit application.
(17) Other information required by the City -
(c) Applicants for earth work permits invelving: less Thaii one thousand (1,000) cubic yards of
material inurt only furnish the information specified in subsections (b)(1), 'k2)..(4a), (5)t (6), (7)7
(8), (12), (1.3), (16) and 1,17).
(Ord- No, 128-. § !, 5-14-90)
Src- 7-36. Processing of earth work permit sp C Q
(a) Except as oilierwise provided -herein, th . cgunci shall review the earth work pm -mix
applicationatid shall approve the permit if it is in compliance with this article, the city's zonin,a
ordinance, and other applicable laws, ordinances, and regulations,
(b) A perinit may be approved subject to conditions necessary to ensure compliance with the
requirements and purpose of this article. When such conditions are established, they shall be set
forth specifically in the pennit. Conditions may, among other matters, limit the size, kind or
Character of the proposed operation, require the construction of structure. s, require the staging of
extraction over a dine period and require the alteration of the site design to cnsurr compliance
with the standards in this article.
(c) Earth work of more than fifty (50) but less than one thou5mid. (1,000) cubic yards of
material in a twelve-month period may be approved by the city staff- The applicant shall submit
the fee required by section 7-39 of the city Code- Upon receipt of a completed ap9licatimi, the
city staff sball review the application within ten (10) working days and shall notify The applicant
of the decision by mail. The city staff may impose such conditions as may be necessary to
protect the public interest- Bondi-ag may be r equired in an amount 3 Ufficient to ensure site
restoration should the applicant default. Any applicant aggrieved by a decision may appeal The
detexmination to the city council.
(Ord. No. 128, 1, 5-14�90)
See. 1-3 1. 1 crimnation of perinit.
(P) An earth ,kork permit may be terminated for violation of this article or anv condition of
such permit. Nolearth work permit may be terminated until the city council has held a public
hearing to determine whether such permit shall be termuiated. at which time the operator shall be
afforded an opp6rtunity to contest the reirminadon. The city council way msubl;-qh cermin
q Pei-
JUN -28-04 10m57 FRDM:PEMTOM LAND COMPANY ID:6129378635
ARUCLE III. EKCAVATING, MINrNG, FILLING AND GRADING�
PACE 13/22
Page 4 oF7
conditions, whicl-i if not complied with, will result in immediate Suspension of Operations Until
the public hearing to consider tezmin4on of the permit can be held -
(b) It shall be imlawfUl to conduct earth work after a permit has been iermiriated�
(Ord- No. 128, 1, 5-14-90)
See. 7-38- Arinual permits.
(a) Earth worik perrm-K-shall b&rdhewed annually- -Ihe purpose Of the a=ual Permit is to
monitor compliance with the conditions of approval, 7 -be city engireer, after wnsultation with
appropriate city staf� may issue renewal pernain upon satisfactory proof of compliance wit'll the
issued permit and this article- If the city engineer denies a renewal permit, the applicant may
appeal the d��cision to the city council bry filing a notice of appeal with the city clerk widlin ten
(10) days 0 er the city engineer denia s the pe -,mit,
(b) Rj�quest for renewal of an earth work permit shall be inade sixty (60) days prior to the
expiration date. Atapplication or renewal is not made within the required time, all operations
shall be temiina�ed, and reinstatement of the permit may be graWed only upon compliance with
the procedures set forth in this atticle for an original permit
De An earth 'ed' duration cannot be extended by the civ engineer.
must be approved by the city coun-07�,
(Ord. N-07FT,1775---���
Sec- 7-39. Issuancc of permir imposes no liability on city, relleves permittee; of no
1 ."I'll"?esponsibilities,
Neither The cssuance of a permit under this article, nor compliance with the coviditions; thereof
with the provis-ons of this articloshall Telieve any person from any responsibility otherwise
imposed by law fQz- damage to persons or property; nor shall the issuance of any permit under
this article serve to impose any liability on the city, in officers or employees for any jpjuiy or
damage to persons or property. A permilt issued pursuant to this article does not relieve the
penT-,inee ofthe responsibility of securing and complying with any other ptyrnit which may be
required by any other law, ordinance or regulation.
(Ord. No. 1:18, § 1, 5-14-90)
Sec. 7-40- Fees -
A schedule of fees shall be deternuned by resolution of the city council, wh:ch may, from tume to
time, change such schedule. Nor to the issuance or renewal of any permit. such fees shall be
vaid To the city and deposited in the general fun&
�Ord. No- 1'2�, § J, 5-14-90)
Sec� 7-41 � Agreemerit; irrevocable letter of credit.
Prior to the issuance of an earth work peTmit, there shall be executed by the opomtor and
landownerarid submitted to the city an agreement to construct such required improvements and
to comply with such conditions of approval as may have been established by the city council.
The agreement shall run vAih the land and be recorded against the title to the property- The
agreement shall be accompanied by a letter of credit acceptable to the city in the amount of the
costs of complying with the agreement as deie rmined by the city council. The adequacy of the
letter of credit shall be reviewed annually by the city- The city cngin=r may direct the amount of
the letter of credit be increased to reflect inflation or changed conditions. The city may draw
against the letter' of credit for noncompliance: with the agreeinent and shall use the proceeds to
care any deFault.
(Ord. No. 128, § 1, 5� 14-90)
7*cr. 7-4:Z- '�etbLks-
I
JUN -2e-04 10:57 PROM;PEMTOM LAND COMPANY IDiSI2837863S
ARTI-CLE.UI.EXCAVATING, MTNINCT, RLLINe AND GRADING*
PAGE 14/22
Page 5 of 7
Nfining for tbLe purpose of selling sand, gravel, black dirt3clay, and other minerals shall not be
conducted v�ithin:
(1) One hundred (100) fmof anexisting street orbighway.
(2) Tbirry (30J feet of an easement for an mstingg public utility -
(3) Th;-ee huz&ed (300) feet of The boundary of an adjoining property not in mining use
except ihat aggregate processing that cmares objectionable noise and dust, inclading, but not
limited to, ciushing, Tnust.be set back one thousuid five hundred (1,500) f=t frorn ffie boundary
of adjoining property not in mining use-
(Ord- No. us, § 1, 5-14-90)
See- 7-43 Fencing.
During operations penr�itted under this article-, any am where excavation slopes are steeper than
one (1) foot vertical to one and one-halff (1 1/2) reet horizontal shall be fenced, unless the city
determines I�at They do not pose asafety hazard. Water storage basins shall also be fenced iF the
city deterninies the basias pm a potential safety hazard- Unless dtherwise approved by the city,
required fencing shall be a minimum six -foot -high chain link fence meeting Mirmesoia
DepartTsent of Transportation sian dards f�r right-of-way fencing. An initial fencing plan mug
be approved by the city council. The city engineer may subsequently authorize changes in the
plan to accommodate changing conditions.
(O -d. No. 12.8, § 1, 5-14-90)
See- 7-44 Appearance and screening.
I he followbig standards are required at the site of any operation permitted under this arlicle,
(1) Machinery shall be kept in good repair. AbandQuedmachinery. inoperable Nuipment and
rubbish shall I be removed from the site.
(2) All buildings and equipmpnt that have not been used for a period of one (1) year shall be
removed fiom the site,
(3) All equipment and Temporary structures shall be removed and dismantled not later than
ninery (90) days after ten-nination of the extraction operafion and expiration of the permit
(4) Whem practical, stockpiles of overburden and materials shall be used as a parT of the
scTeening for the site -
(5) Where the city determinesitis appropriate to semen off-site views, theperimeierof the
site shall be planted with conif=us Emes, bermed, or otherwise screened. Trees sball be at least.
six (6) f=t in he�ght at the time pf planting-
�6) Fxistiag Trees and ground cover shall be preserved to the extent feasible, maintained and
supplementod bk selective cuttin& transplanting of trees, shrubs, and other ground cover along
all setback areas.
(7) Noxious weeds shall be eradicated.
(Ord- No- 128 � 1, 5-14-90)
Sec. 7-45. Operations; noise; hours; explosives, dust waier pollution; topsoil preservation.
The following operating standards shall be observed at tthe site of any operation perrnitt.-d under
this artir'le:
(1) The Tpaximurn noise level at the perimetex of the site shall be within the limits set by The
Minnesota Pollution Control Agency zmd the Federal trivironmental Protectiori Agency.
(2) artb work shaJI be performed during only those times establi shed by the city council as
part of the Permit unless otherwise provided in The ptrmit. Such activity may only take place
between the houIrs of 7:00 a.m. and 6:00 p -m- Monday Through Saturday. Such activity is also
prohibited on the following holidays-- New Year's Day, Memorial Day. July 4th- Labor Day�
Chnstmas Eve Day, and Christmas Day.
(3) Operators shall use al I practical means to eliminate vibration on adjacent property hom
JUN -26-04 10=58 FROM:PEMTOM LAND COMPANY ID:SI29376635
APITICLE Ill. EXCAVAUNG, MiGNIN0, FILUNG AND GRADINT&
PAGE 15/22
Page 6 of 7
equipment operation -
(4) Operators SIWI CORIPIY with all applicable City, CoUnty, state and federal reguiations for the
Protection of water quality, including the Wdunesola Pollution Control Agency and Federal
Eavironmenral Protection Agency regulations for the protection of water quality, No waste
products or process residue shall be devosited in any lake stream or natural drainage systern. A] I
waste water shall DeSS th-roUgh a 5ediraent basin before drainage into a stream,
(5) Operators Sfiall Comply with all city, county, Aae and federal regulations for the protection
Of WLtlands.
(6) Operalorsishall comply with all requirements of the watershed where the property is
located -
(7) All topsoil shall be retained 2a the site until complete restoration of the state has been taken
Place accordii-ig to the restoration plan.
(8) OPe'BtOls shall use a-11 Practical rmeans to reduce the amount of dust, smoke, and Arlimes
caused by the operations- When atmospheric or other quaditions; ruake it !mpossible to prevent
dust TXOM migrating off-site, operations shall caase-
(9) To controi dust and minimize: tracking sand, gravel, and dirt onto public roadways, internal
Ptiv�Ute YOads 1'rom a mine to any public roadway shall be paved with asphalt or concrete for a
distance of at least three hundred (300) feet to the intersection -with a public roadway. All
internal roadways shall be swept and to minim i dust according -Loa scheddc established by the
city. The ciTY may approve alternatives to paved internal roadways that accomplish the same
purpose.
(10) Ali haul routes to and from the mine shall be approved by the city and shall only use
streets that can safely accommodate the traffic.
I
%Ord. No- 1 128, § 1, 5-14-90. Ord- No, 324-� § 5, 7-9-0 1)
Set. 7-46- Restoration standards.
Th"0110wilig restoration standards shall apply to the site of any operation permitted under this
article:
(1) T'lle Plan must be consistent with the city's comprehensive plan and zoning ordinance.
(2) RegzyatiO�2 shall be a Continuing operation occurring as quickly as Dossible after the
extraction operation has movcd sufficiently into another part of he extraction site -
(0) All banks and slopes shall be left in accoTdance viTh the operation plan submitted with rhe
permit application.
(4) Slopes, graded areas and backfill areas shall be strefaced with adequate topsoil to SeruTe
and hold ground cover, Such ground cover sliall be tended as necessary until it s self-sustaining,
(5) All water areas resulting from excavation shall be eliminated uponresiorarion of thu site.
In intique instmces where the city council has reviewed proposals for water bodies at the time of
approval of the overall plan And has determined That such would be appropriate as an open space
or recreadonal arnenily in subsequent reuse of thesize, water bodies may be permitted.
(6) No part Of the !!tstoralilon area which is planned fbr uses other than open space or
agriculture shall be at an elevation lower than the minimum required for connecTior to a sanitary
or storm sewer. The city may waive this requirement if the site could not reasonably be served by
gra'vity sewer notwithstanding the proposed operation. Finished grades shall also be consi.5terit
wiTh the established Plan for the property resiomation.
(7) Provi&: a landscaping pian illustrating reforestation, ground cover, wed'and restoration,
and other features.
(Ord. No. 12S, § 3, 5-14-90)
Sec. 7-47. Waiver.
Tlle city coulicil may allowdeviation from the standardsset forth herein:
(I ) For Operations that existed pTior to the enacment of this articie when it is not Feasible to
JUN -28-04 10:5e FROMzPEMTOM LAND COMPANY ID:812937eB35 PAGE IS/22
ARTICLE III- ]'--XCAVATINC-, VININCT, FILLING AND GRADING� Page 7 of 7
comply bcc3usci of -ore-existilIg Conditiow.
(2j When bec:aus-e of topographm or other caTiditions it is not possible to comply -
(3
W'her altemates ' that accomplish the purpose and inimt of the standard set forth m tlus
ardcle are -agreed uiiori by the oi�'and the operator.
(Ord. No. 128, § 1, 5-14-90)
Secs. 7-48, 7-49. Reserved,
JUN -28-04 10 58 FROM:PEMTOM LAND COMPANY ID:612937863S PACE 17/22
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SATHRE-BERGQUIST, INC.
Format Description
07/20/04
150 South Broadway
Project Narative
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Phor�e: (952) 476 -WW
Wayzata, NIN SM91
Fax (952) 476-0104
www.sathre.oDm
Transmittal
To:
City of Chanhassen
Date: July 21, 2004
690 City Center Drive
Job #: 6965-004
Chanhassen, MN. 55317
From: Justin Larson
Attn:
Bob Generous
Reaardina: Moon Vallev Site Restoration
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cc: file
C17YOF CHANHASSEN
RECEIVED
JUL 2 1 2004
eftHASSEN PLANNING DEPT
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SATHRE - BERGQUIST, INC.
150 SOUTH BROADWAY
(952) 476-6000
WAYZATA, MN 55391
FAX (952) 476-0104
TO: Honorable Mayor, Members of the City Council, Chairperson and
Members of the Planning Board and Professional Staff — City of
Chanhassen
FROM: Bob Payette, Sathre-Bergquist, Inc. CITY OF CHANHASSEN
RECEIVED
SUBJECT: Moon Valley JUL 2 1 2004
DATE: July 20, 2004 CHANHASSEN PLANNING DEPT
We are pleased to present to you a proposal for the Moon Valley Gravel Pit restoration.
BACKGROUND -
The Moon Valley Property, for you history types, was one of the early downhill ski areas
developed in the fifties with a rope tow. The rope tow used an old tractor engine with
pulleys made from car tire rims mounted on poles. Subsequent to that, the owners mined
the rich gravel prevalent on the Minnesota River Bluff. The pit has also housed a high-
powered rifle, pistol, and trap range.
The proposal is submitted in accordance with the Settlers West Developer's Agreement
whereas the current uses would discontinue and a modification to the existing restoration
plan would be approved by the City showing the lower plateau being graded in such a
way to provide slope stabilization, erosion control measures, and a storm water
management plan. The proposal is being presented to the City with the consideration that
the area will be rezoned medium/high density residential and officelindustrial from its
current A2 and BF zoning as guided by the City of Chanhassen Comprehensive Plan.
Currently, an end use grading plan prepared by Sathre — Bergquist, Inc.in 1992 (the
"1992 Plan) has been approved by the City. This plan restores all the mined slopes,
provides storm water ponding, and provides for approximately 8.5 acres of useable area
for future building. This plan proposes grading 3 acres of existing wooded bluff and an
additional .9 acres of trees. We do not believe that 8.5 acres of buildable area for
medium to high density residential is adequate for this property to meet the goals of the
City's Comprehensive Plan. In addition, the 1992 Plan adversely impacts the existing
bluff area and results in a circular valley that does not allow for use of the natural beauty
prevalent on the site. Therefore, our goal in the design of the submitted Grading Plan is
to impact less existing bluff area than the currently approved plan and provide for more
buildable area consistent with the Comprehensive Plan. The plan we submitted meets
both of these goals. The useable area has been increased from 8.5 acres to 18 acres, 14
acres east of the creek and 4 acres west of the creek, and the bluff impact is only 2.6 acres
instead of 3 acres. The impacted bluff area has been reconfigured to minimize the impact
on the aesthetic beauty of the site. The proposed grading plan does impact the existing
tree coverage. The proposed plan removes 7.3 acres of trees instead of 3.9 acres in the
1992 Plan east of the creek. The grading west of the creek would impact approximately
4.8 acres of trees. We would work with the City to establish a reforestation plan to meet
any mitigation requirements of the Tree Ordinance
THE PROPERTY:
The land area consists of approximately 75 acres of steep slopes straddling a creek
meandering southerly to the Minnesota River. Settlers West� a community of 58 homes
currently under construction, is located along the northerly boundary. The Eastern
portion of the site on the upper plateau abuts land in Eden Prairie that includes Settlers
Ridge, a residential community of 220 homes, and the lower mined area of the site abuts
the Richard T. Anderson Conservation Area. The entire northwest boundary of the site is
along the Hennepin County Regional Railway Corridor. Extensive frontage along
Highway 212 defines the southerly boundary of the site.
PLAN:
The lower area is proposed to be developed per the Comprehensive Plan at a future date
when utilities are available to serve this area. The proposed plan at this point in time is to
grade the site to create plateaus with average slopes of 4% or less where future medium
to high density residential could be constructed in the future, while providing the
necessary erosion protection, restoration, and storm water ponding. This grading
restoration will prevent finther unsightly and detrimental erosion from the site, as it
currently exists. The plan as shown provides for attractive views of the Minnesota River
Valley.
Access will be provided from two points: one along Highway 212 near the existing
entrance to the mine area and gun range, and another west of the creek in which a
pleasant meandering private road would be constructed in the future traversing the
hillside to reach a plateau with a beautiful view of the river vaHey.
Extensive studies are underway regarding trees, topography, bluffs, utility service,
wetlands, and storm water. Through the development review and approval process we
will work with the City's goals in all of these areas and strive to exceed their vision for
the guided uses of this property. We respectfiilly request your approval of this
outstanding new neighborhood.
DEVELOPMENT TEAM:
The development team will consist of the Pemtorn Land Company, Sathre-Bergquist, hic.
and Westwood Professional Services. This is an experienced team with over 100
combined years in the profession of creating high quality neighborhoods throughout the
area.
DEVELOPER:
The Pemtom Land Company has been active in building and developing in the
Metropolitan area since 1963. Adjacent neighborhoods created in the vicinity include,
Crimson Bay in Chanhassen, Trillium Bay and Eagle Bluff in Minnetrista, Swiss
Mountain in Victoria, Wynnfield on Dell Road and Settlers Ridge in Eden Prairie. Other
neighborhoods in Eden Prairie include Entrevaux, Kingston Ridge, St. Johns Wood and
Normandy Crest. On Lake Minnetonka our neighborhoods include Chimo, McCarthys
Woods, Brymnar Place, Carsonwood, and Greenwoods on the Lake.
SATHRE-BERGOUIST. INC.:
Sathre-Bergquist will prepare plans, surveys, plats, and engineering works. Sathre—
Bergquist, Inc. is a Land Surveying and Engineering firm located in Wayzata, Minnesota.
Our firm has been providing planning, engineering, and surveying services for
commercial and residential development projects for over 25 years in communities
throughout the Metropolitan area. Over the years we have designed and worked with our
clients to develop numerous sites in both Chanhassen and Eden Prairie. Our goal as
designers and engineers is to work with the natural features of sites to create quality
home and business sites with appealing streetscapes using curvilinear streets varying in
elevation that draw people to these sites.
WESTWOOD PROFESSIONAL SERVICES:
Westwood Professional Services has provided land development consulting services for
over 32 years. Westwood's approach to the environment is to provide quality places to
live, work, and play while protecting our natural resources to the greatest extent possible.
Our team of wetland scientists includes over 35 years of experience in wetland
delineations, and mitigation designs.
u4 --Li
CITY OF CHANHASSEN
CITY OF CHANHASSEN RECEIVED
7700 MARKET BOULEVARD
CHANHASSEN, MN 55317 JUL 16 2004
(952) 227-1100
CHANHASSEN PLANNING DEPT
DEVELOPMENT REVIEW APPLICATION
Beatrice Zwiers and Beatrice Zwiers and
APPLICANT: Moon Valley Aggregates, Inc. OWNER: Moon Valley Aggregates, Inc.
ADDRESS:_lllll Deuce Road
Elko, MN 55020
TELEPHONE (Day Time)
952-937-0716
ADDRESS: 11111 Deuce Road
Elko,_MN 55020
TELEPHONE: 952-937-0716
— Comprehensive Plan Amendment
Temporary Sales Permit
— Conditional Use Permit
Vacation of Right-of-Way/Easements
Interim Use Permit 14 2_�_
Variance
Non -conforming Use Permit
Weiland Alteration Permit
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Notification Sign /7
Site Plan Review*
X Escrow for Filing Fees/Attorney Cost**
(��CUP/SPRNACNAR/WAP/Metes & Bounds
- $400 Minor SUB
Subdivision*
TOTAL FEE $ 6 5 0, oo
Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included
with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be
invoiced to the applicant.
If you would like the City to provide mailing labels, check this box N
Building material samples must be submitted with site plan reviews.
*Twenty-six (26) full-size folded copies of the plans must be submitted, including an 81/2" X 11 " reduced copy for
each plan sheet.
"Escrow will be required for other applications through the development contract.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application.
PROJECTINAME: Moon Valley Gravel Mine
LOCATION: Moon Valley Gravel Mine, Chanhassen, MN (Hiqhway 212
That th north half of Section 36, jhwn ip 116,
ve7 erth
LEGAL DESCRIPTION: Ran eP33r� Coa'r County, MN, which lies sou y f
Hennepin County Regional Railroad, northerly of State Highway Number 212 and
easterly of Sorensen Addition, according to the recorded plat thereof.
TOTALACREAGE: 69 acres
WETLANDS PRESENT: XX YES NO
PRESENTZONING: A 2, B F
REQUESTED ZONING:
Guided Residential medium/high density and
PRESENT LAND USE DESIGNATION: Office/Industrial
REQUESTED LAND USE DESIGNATION: Residential medium/high density & office/commercial/Industrial
REASON FOR REQUEST: Slope restoration and preparation of Site for uses
outlined in guide plan.
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within ten business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within ten business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
The city hereby notifies the applicant that if development review cannot be completed within 60 days due to public hearing
requirements and agency review, the city requires an automatic 60 -day extension for development review. Development
review shall be completed within 120 days unless additional review extensions are approved by the applicant.
!Wture of
,Lppl� qt //
Date
noa� 044 Pp C-
7-1�1 -y
Ignature of Fee Ownqr�� pr e_ 3 2�� Date
Application Received on 7� (01D L�
Fee Paid Receipt No.
The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the
meeting. If not contacted, a copy of the report will be mailed to the applicant's address.
Gftplan\fo�s\Development Review Appfication.DOC
CITY OF CHANHASSEN
7700 MARKET BLVD
CHANHASSEN MN 55317
Payee: SETTLER WEST LIMITED PARTNRSHP
Date: 07/19/2004 Time: 2:06pm
Receipt Number: DW 5251
Clerk: DANIELLE
MOON VALLEY IUP 04-27
ITEM REFERENCE
-------------------------------------------
AMOUNT
DEVAP MOON VALLEY IUP 04-27
USE & VARIANCE
425.00
SIGN RENT
75.00
PLAT RECORDING
50.00
SIGN ESCROW
100.00
---------------
Total:
650.00
Check 5
650.00
---------------
Change:
0.00
THANK YOU FOR YOUR PAYMENT!
9 " VAX
The Perntom Land Company
7597 ANAGRAM DRIVE
EDEN PIWRIE, MINNESCMA 55344
(952) 937-0716 - FAX (952) 937-8635
November 13, 2003
Mayor Tom Furlong
City of Chanhassen
7700 Market Blvd.
P.O. Box 147
Chanhassen, NIN 55317
Re: Settlers West
Dear Mayor Furlong:
7 O�� 0
3�X�A17`7`0
RECEIVED
NOV S C 2003
CITY OF CHANHASSEN
First of all, I want to sincerely thank you for allowing me to come before the City
Council at their Workshop on Monday, Novembef 10, 2003.
Generally, I heard positive feedback. Therefore, I will proceed to work with the staff of
both communities, planning members, and elected officials to produce a truly fine
upscale single family neighborhood to be called Settlers West in Chanhassen and to
eliminate and correct many of the undesirable nonconforming uses that have been
occurring on the site,
Enclosed is a copy of the Power Point presentation booklet. We had wanted to hand
them out at the meeting, but in our world of technical productions the printer at Sathre-
Berquist did not cooperate.
I do understand there are some fire and life safety concerns as well as other issues relative
to our proposal and I will take those under advisement and work on a solution if a viable
one exists.
We are truly looking forward to working with the City of Chanhassen and producing a
neighborhood that you will take pride in for the future.
If at any time you would like a site visitation or have any questions relative to this
proposal, please advise. After aU of our homework is complete and we have worked out
the issues with staff and the Planning Commission, we are looking forward to submitting
this plan to the City Council.
0 1 P%
Mayor Furlong
November 13, 2003
Page 2
Sincerely,
THE PEMTOM LAND COAPANY
e
4�0
Daniel J. Herbst
President
DJH/idt
Enclosure(s)
CC: Todd Gerhardt
Kate Aanenson
Justin Miller
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
IN RE:
Application of THOMAS ZWIERS and
MOON VALLEY AGGREGATE, INC.
for an Earthwork Permit
EARTHWORK
PERMIT AGREEMENT
WHEREAS, Thomas W. Zwiers and Beatrice I. Zwiers are the
owners of property located at 100 Flying cloud Drive, Chanhassen,
Carver County, Minnesota consisting of a- approximately 40 -acre
parcel described as follows:
All that part of Gov't Lot 1, Section 36, Township 116,
Range 23, Carver County, Minnesota, which lies
Northerly of Trunk Highway No. 212 ("subject
property"); and
WHEREAS, Moon Valley Aggregate, Inc. and Thomas Zwiers
(hereinafter collectively referred to as "Applicant") operate a
gravel mining business on the subject property; and
WHEREAS, on June 22, 1992, the Chanhassen City Council
considered the Applicant's request for a earthwork permit
pertaining to the subject property and issued its Finding of Fact
and Decision; and
WHEREAS, on January 10, 1994, the City Council further
considered the application in light of an Order entered by the
Carver County District Court on August 30, 1993 relating to the
establishment of a restoration fund.
NOW, THEREFORE, the City and Applicant agree as follows:
1. As to Permit Condition No. 1, the site restoration plan
shall be as follows:
26615
09/05/95
A. The final grade of all slopes shall be no steeper then
a 2.5 foot horizontal to one foot vertical slope;
B. The finished slope shall be covered with four to six
inches of topsoil;
C. The topsoil shall be seeded with S.C.S. Mixture No. 6,
consisting of 381'Brome grass, 29k bluegrass, 9k
Timothy, 12% Perennial rye, applied at the rate of 52
pounds per acre, covered with straw mulch at the rate
of 4000 pounds per acre and disc anchored. The slopes
.shall be monitored for erosion and repaired as
necessary.
D. Restoration Escrow Fund. A restoration escrow fund
shall be established as follows.
(1) A savings account shall be established in the name
of the City in a bank of Applicant's choosing into
which the funds hereinafter provided shall be
deposited from time to time. Withdrawals from
said account shall be upon the signature of an
authorized representative or representatives of
each party.
(2) Applicant shall deposit in said account twenty
cents (.20t) per cubic yard for all materials
mined by it as reported to Carver County quarterly
for purposes of calculating the aggregate removal
tax or as reported to the City directly if such
reporting to the County should not be required in
the future. The deposit by Applicant shall be
within thirty (30) days following the end of the
previous quarter and shall be based upon the
number of cubic yards removed in said previous
quarter. The quarterly reporting periods are
January 1 to March 31, April 1 to June 30, July 1
to September 30, and October 1 to December 31.
(3) As portions of "he Applicant:s property are
restored from time to time in accordance with this
Permit Agreement, Applicant shall be entitled to
withdraw a percentage of the money then in the
account. The amount to be paid out to Applicant
shall be determined by first multiplying the
amount of money then in the fund by a fraction,
the denominator of which is the City's total
estimated site restoration cost and the numerator
is the City's estimated restoration cost for the
portion of the site then being restored. This
amount, less twenty percent (201) retainage to be
26615 - 2 - 09/05/95
paid out when all restoration is completed, shall
then be paid to Applicant.
(4) The amount of funds to be paid out of the account
for partial restoration shall be determined on an
annual basis upon the request of Applicant. The
City shall not be obligated to authorize payment
until September 30 of the year following
restoration to ensure stabilization of restored
slopes and that ground cover has been adequately
established.
(5) Commencing in the year following any partial
restoration of the site, the original amount to be
deposited by Applicant shall be reduced to any
amount equal to the percentage of the overall site
restored as determined under subparagraph (3)
above, subject to the twenty per -cent (20!k)
retainage.
(6) By August 11, 1995, Applicant shall make the
initial deposit into the account, which deposit
shall include materials mined as reported to
Carver County for the period from August 30, 1993
through March 31, 1995.
2. Applicant shall keep drainage and erosion systems
current and operational and obtain approval from the City Engi-
neer prior to the relocation of the pond(s) and/or alterations to
erosion control measures (Condition No. 2).
3. Applicant shall comply with all Minnesota Pollution
Control Agency (MPCA) requirements relating to a National Pollut-
ant Discharge Elimination system (NPDES)/State Disposal System
(SDS) permit and obtain such permit if required (Condition No.
3).
4. Applicant shall install a construction access area
consisting of crushed rock designed to minimize the tracking of
mud and debris onto the highway. The access area shall be moni-
tored by the Applicant and maintained as necessary to minimize
26615 - 3 - 09/05/95
tracking. The design and construction of this rock consists of
approximately six inch thickness over an area approximately
fourteen feet wide by forty feet long. The rock installed was
1.511 to .7511 clear washed crushed rock (condition No. 4).
5. During the course of mining operations any material or
debris tracked onto the highway shall be promptly removed by the
operator to eliminate a potential traffic hazard (Condition No.
S) .
6. Brush located around the access point shall be cut back
to improve sight distance (Condition No. 6).
7. Condition No. 7 relating to the installation of a
deceleration/acceleration lane is eliminated.
8. As to Condition No. 8, the City Engineer has approved a
modified grading plan prepared by Sathre-Bergquist, Inc., dated
October 2, 1992 and entitled "End Use Grading". In order to
avoid under -cutting of off-site slopes, excavated slopes shall
not exceed a 1.5 to 1 grade within 100 feet of a property line at
any time. When excavations exceed 2.5 to 1 slopes, temporary
snow fencing and signage acceptable to the City is required at
the top of the grade to make individuals aware of hazardous
conditions in the area (Condition No. 8). The north property
line of the subject property, for the purpose of measuring the
100 -foot area subject to this 1.5 to 1 grade limitation shall be
a line 63 feet north of and parallel to the legal property line.
9. No mining below the ground water table shall be al-
lowed. Applicant shall protect existing on-site wells and
26615 -4- 09/05/95
permanently cap the wells in accordance with the Minnesota
Department of Health regulation when they are no longer in use
(Condition No. 9).
10. Applicant shall permit persons authorized by the City
to enter the property, upon reasonable notice to Applicant, for
periodic inspections to ensure compliance with permit conditions
and take any remedial actions to correct permit violations
(Condition No. 10).
11. The annual permit fee for 1992 has been paid (Condition
No. 11) .
12. The end-use plan is as set forth in Paragraph 1 and 8
herein (Condition No. 12).
13. Upon completion of its mining operations on the site,
Applicant shall restore the site in accordance with the End Use
Plan approved by the City herein (Condition No. 13).
14. Applicant shall comply with all conditions of permit
approval as incorporated into this Agreement (Condition No. 14).
15. Applicants, obligations hereunder are personal
obligations Of Applicants, their heirs and assigns and shall
continue after the cessation of mining activities on the subject
property, unless the City approves an assignment of this Permit
Or issues a new permit to a subsequent operator.
16. This Permit shall not be assigned without the written
approval of the city, which approval shall not be unreasonably
withheld.
26615 -5-
D9/05/95
17. This Permit Agreement shall be recorded with the Carver
County Recorder's Office.
(SEAL)
CITY OF CHANHASSEN
By: onald J iel, Mayo
By:
Don Ashworth, M .....
ulcy manager
MOON VALLEY AGGREGATE, INC.
By: �— -:E�— -
Its
THOMAS-ZWIERS
BEA`I,KIC:h 1. zwIERg/
26615 -6- 09/05/95
STATE OF MINNESOTA
ss.
COUNTY OF CARVER
The foregoing instrument was acknowledged before me this
11YU1 day of 1.99
10 by Donald J. Chmiel and by Don
Ashworth, respectively t.K� �ayor and City Manager of the CITY OF
CHANHASSEN, a Minnesota'mvanicipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City
Council.
I
KAREN J. ENGEIAARDT
STATE OF MINNESOTA NOTARy pUBUC - MINNESOTA
) ss. CARVER COUNTY
COUNTY OF t�vl MY CWW'WW Evkw JM 31, MW
. McLeod t *4��
The foregoing iTistrument was acknowledged before me this
,22 day of 19��,, by 'ej-
,,Z the
r of MOON VALLEY AGGREGATE, INC., Mi." sot a
on b�eh
corporation, 'sid corporation.
-Not�Public
STATE OF MINNESOTA
) ss.
COUNTY OF IR4J�MA
McLeod
The foregoing instrume5t was acknowledged before me this
day of 19, b OMAS ZWIERS and BEATRICE I.
ZWIERS.
Vt.
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (612) 452-5000
TMS
26615 - 7 - 09/05/95
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
IN RE:
Application of THOMAS ZWIERS and FINDINGS OF FACT
MOON VALLEY AGGREGATE, INC. AND DECISION
for an Earthwork Permit
on June 22, 1992, the Chanhassen City Council met at its
regularly scheduled meeting to consider the Application of THOMAS
ZWIERS and MOON VALLEY AGGREGATE, INC., a Minnesota corporation,
(hereinafter collectively referred to as "Applicant") for an
Earthwork Permit. The Planning Commission previously conducted a
public hearing on the proposal preceded by published and mailed
notice. The City Council heard testimony from all interested
persons wishing to speak and now makes the following:
FINDINGS OF FACT
The property is located at 100 Flying Cloud Drive,
Chanhassen, Minnesota, consisting of an approximately 40 -acre
parcel described as follows:
All that part of Gov't Lot 1, Section 36, Township 116, Range
23, Carver County, Minnesota, which lies Northerly of Trunk
Highway No. 212. ("Subject Property")
2. Applicant operates a gravel mining business on the
Subject Property.
3. The gravel mining operation is a non -conforming use in
existence prior to the City's adoption of its 1972 Zoning
Ordinance.
4. The continuation of the gravel mining operation requires
an Earthwork Permit pursuant to Chanhassen City Code § 7-30,
et seg.
5. The City Council has reviewed the application in the
context of the goals, purposes and standards in the ordinance, the
Applicant's status as a non -conforming use and applicable Court
Orders.
6. The Planning Report and all attachments thereto, dated
May 27, 1992 and prepared by Paul Krauss, is incorporated herein by
reference.
7. The Planning Commission has made written Findings of Fact
and Recommendation which have been considered by the City Council.
DECISION
The City Council approves an Earthwork Permit for the Subject
Property in accordance with the Application on file with the City
Council and Plan B1 dated April of 1992, subject to the following
conditions:
1. Within 30 days, Applicant shall submit drainage and
erosion control plans to the City Engineer for review and approval
and within 60 days after approval install all improvements and
implement the erosion control plan. Plans should be developed by a
professional engineer in accordance with best management practices
and the Carver County Soil and Water Conservation District
standards. The plans shall include the following:
a. Erosion control practices;
b. Designs of temporary and final basins, inlet/outlet
structures, etc., with final pond design complying
with NURP guidelines to maintain water quality and
accommodate a 100 year storm event;
-2-
C. A description of management practices required to
effectively operate drainage and erosion control
practices; and
d. A phased plan for site restoration/establishment of
ground cover and vegetation. All disturbed areas to
be restored with topsoil, seed mulch and/or wood
fiber blanket and trees as required to prevent
erosion.
2. Applicant shall keep drainage and erosion systems current
and operational and obtain approval from the City Engineer prior to
the relocation of the pond(s) and/or alterations to erosion control
measures.
3. Applicant shall comply with all Minnesota Pollution
Control Agency (MPCA) requirements relating to a National Pollutant
Discharge Elimination System (NPDES)/State Disposal System (SDS)
permit and obtain such permit if required.
4. Within 30 days, Applicant shall provide to the City
Engineer for review and approval an engineered construction access
designed to minimize tracking mud and debris onto Highway 169/212
and install the access within 90 days after approval. The access
may use one and one-half inch crushed rock.
5. During the course of mining operations any material or
debris tracked onto the highway shall be promptly removed by the
operator to eliminate a potential traffic hazard.
6. Brush located around the access point shall be cut back
to improve sight distance.
7. Within 90 days, Applicant shall install an MNDOT approved
deceleration/acceleration lane on eastbound Highway 169/212.
8. Within 30 days, Applicant shall submit to the City
Engineer for review and approval a modified grading plan
-3-
eliminating off-site mining/grading that is presently illustrated
on Plan Bl. In order to avoid under -cutting of off -site slopes,
excavated slopes shall not exceed a 1.5 to 1 grade within 100 feet
of a property line at any time. When excavations exceed 2.5 to 1
slopes, temporary snow fencing and signage acceptable to the City
is required at the top of the grade to make individuals aware of
hazardous conditions in the area.
9. No mining below the ground water table shall be allowed.
Applicant shall protect existing on-site wells and permanently cap
the wells in accordance with the Minnesota Department of Health
regulation when they are no longer in use.
10. Applicant shall permit persons authorized by the City to
enter the property for periodic inspections to ensure compliance
with permit conditions and take any remedial actions to correct
permit violations.
11. The annual permit fee for 1992 is $400.00
12. Within 30 days, Applicant shall provide the City Planner
with a revised end-use plan consistent with all conditions of
approval for City review and approval.
13. Upon completion of its mining operations on the site,
Applicant shall restore the site in accordance with the End Use
Plan approved by the City.
14. Prior to the issuance of the Earthwork Permit: The plans
required by Paragraphs 1, 4 and 8 above must be approved by the
City, the Applicant shall execute and deliver to the City an
agreement to comply with the conditions of approval herein,
accompanied by an irrevocable letter of credit acceptable to the
-4-
. .. Ak
City, or a cash deposit, in the amount of $51,000.00. The adequacy
of the amount of the letter of credit shall be reviewed annually at
the time of permit renewal.
ADOPTED by the City Council this 22nd day of June, 1992.
ATTEST:
Don Ashworth, ityy Managger
CHANHASSEN CITY COUNCIL
BY: dzt� &;��
ddhald J.,e�, Mayor
-5-
The Perntom Land Company
7597 ANAGRAM DRIVE
EDEN PRAIRIE, MINNESOTA 55344
(952) 937-0716 - FAX (952) 937-8635
Moon Valley Lower Plateau Grading Plan Discussion
June 22, 2004
REPRESENTATIVES:
Cjjy of Chanhassen:
Todd Gerhardt, City Manager - 952-227-1119
Kate Aanenson, Community Development Director — 952-227-1139
Paul Oehme, City Engineer — 952-227-1169
Matt Saam, Asst. City Engineer — 952-227-1164
Roger Knutson/Tom Scott, City Attorney
Ownec
Bea Zwiers — 952-461-2180
Brian Weisberg, Attorney — 612-339-7131
Buyer/Developer:
The Perntorn Land Company
Dan Herbst, 952-937-0716
Larry Wertheim, Attorney — 612-337-9216
Consultant:
Sathre Bergquist, Inc.
Bob Payette, Engineer — 952-476-6000
Justin Larson, Engineer - 952-476-6000
GOALS:
1. City of Chanhassen:
A. Close range and pit.
B. Gravel pit restoration.
C. Quality housing upper plateau.
D. Mixed use per Comprehensive Plan — Lower Plateau.
E.
F.
2. Owner- Bea Zwiers:
A. Strong financial needs to exit property.
B. If unable to exit in a timely manner, will have to continue gravel and mining
operation to support the ability to hold the land.
C. Desires plan to enhance value of lower plateau area similar to what has occurred
on the upper plateau through Chanhassen's support and meeting goals of the City
of Chanhassen's Comprehensive Plan.
3. Pemtom:
A. Commence development plan for upper plateau in July 2004.
B. Close range and pit and establish restoration plan to enhance marketing value of
upper plateau.
C. City and owner agree to a mutually acceptable grading plan to allow future
development of the lower plateau in conformance with the Guide Plan of the City
of Chanhassen which consists of high density and mixed use/office/commercial.
[a
E.
CHALLENGES:
I . Earthworks Permit Agreement executed by owners and the City of Chanhassen dated
February 14, 1996. Condition No- 8 of that agreement referenced a City approved
modified grading plan prepared by Urban Planning and Design, dated October 2,
1992 entitled End Use Grading. It provided for 7.4 acres of wooded clearing and
excavation of 3.7 acres and 1.3 acres respectively or 5 acres of grading into the bluff,
a cut of 1,225,241 cubic yards and a fill of 41,315 cubic yards and a net excess of fill
of 1, 183,926 cubic yards.
Positives of the End Use Grading Plan - 1992:
A. Potentially more quality excess material.
B. Provide necessary storm ponding for upper plateau. Approved Settlers West
plan provides for two expensive ponds on the upper ridge.
C. Enhances views for Settlers West residents.
D. Stabilizes and restores pit area.
E. Preserves west bluff ridge.
F.
Negatives of the Plan:
A. 7.4 acres of tree clearing and 5.0 acres of bluff encroachment.
B. Plan does not allow for adequate area to allow uses of City Comprehensive
Plan.
C.
2. Sathre-Bergquist 2004 Plan:
Positives of the Plan:
A. Stabilizes lower pit area on a 3:1 slope with two ponds and buffering of U.S.
212.
B. Excess of 1,800,000 cubic yards of material.
C. All grading is confined to existing pit area and does not go into Settlers West
Outlot F.
D. Provides for 19.8 acres for future development, i.e., 14.8 acres in existing pit
area and 4 acres on elevated west plateau. This allows for desired future land
use for high-density housing on two locations.
Negatives of the Plan:
A. Removes most of western bluff area containing 14.8 acres of trees, and 9.6
acres of bluff inclusion.
3. Other Alternatives:
MY OF
CEMSEN
7700 Market Boulevard
PC Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227,1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Pianning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhasson.mn.us
MEMORANDUM
TO: Bob Generous, Senior Planner
FROM: Matt Saam, Assistant City Engineerw
DATE: August 9, 2004
SUBJ: Interim Use Permit — Moon Valley Restoration
Grading Permit File 04-05
GRADING/DRAINAGE/EROSION CONTROL
The applicant is requesting an interim use perrrnit to excavate approximately 1.8
million cubic yards of material from the site. The goal of the grading is to restore
the severe erosion areas on the site and to leave the site in a condition that will
allow future multi -family housing to be developed. The applicant is proposing to
grade down at steep, 40% (2.5: 1) slopes from the high points on the north and
south sides of the property. This will allow a relatively flat area with a gentle
slope of 4% (25: 1) to be developed in the center of the property. The flat area
will be developed into multi -family housing sites when municipal sewer and
water is extended to the area in the future. In addition, the severe rutting and
erosion gullies that currently exist on the site will be restored. Permanent
vegetation will be developed over all bare soil areas.
Previously, a restoration plan for the main pit area east of the creek had been
prepared in 1992 and approved by the city for this site. The 1992 plan proposed
to grade approximately 3 acres of bluff area with 3.9 acres of tree removal. The
current proposal has approximately 2.6 acres of bluff grading and 7.3 acres of tree
removal. While the new plan does result in more tree loss, the impact to the bluff
area is less than the previously approved plan. Also, the amount of usable or
developable area has been increased from approximately 8.5 to 14 acres. In an
effort to try and preserve more of the mature trees on the site, staff is
recommending that the grading on the eastern side of the creek end at the
proposed high -point elevation in the usable area of 756. This would preserve
approximately 1.6 acres of additional tree canopy while decreasing the bluff
impact from 2.6 to 2.4 acres. Terminating the grading at the high -point would
more closely follow the natural drainage pattern in the area. It would also
alleviate the need for additional storm sewer in the future in order to capture the
drainage and route it back to Pond 2. The usable area available would still be
12.4 acres which is nearly four acres greater than the 1992 plan.
The existing site generally drains from the north to the south. There is an existing
creek/wetland which runs through the center of the site. Eventually, the entire site
drains to the Minnesota River valley through existing culverts under TH 212.
The City of Chanhassen - A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gieat place to live, work, and play.
Bob Generous
Moon Valley Restoration
August 9, 2004
Page 2
Under proposed conditions, the entire graded site area will drain to the two
proposed ponds on either side of the creek which divides the site. Pond 1, on the
west side of the creek, will outlet to the adjacent creek and Pond 2 will outlet to
the TH 212 ditch. As in the existing state, the treated stormwater will then drain
to the Minnesota River valley under TH 212. Each of the proposed ponds has
been designed to NURP standards and sized for the future developed state of the
site. The submitted drainage calculations show that the existing 10- and 100 -year
runoff rates are being met, per City Code. In the future, when a development
proposal is submitted, drainage and utility easements over the ponds and creek
will be required.
Erosion control has been shown on the plan in accordance with the City's Best
Management Practices Handbook (BMPH). Staff would recommend additional
Type I silt fence in the southeast comer of the site around the grading limits and
around the proposed pond outlet apron. All disturbed areas as a result of
construction are required to be reseeded and mulched within two weeks of site
grading -
It is currently unclear where the applicant will be hauling the excess material to.
The grading is proposed to be a phased operation with the I't phase beginning this
fall. It is anticipated that the Ist phase will begin on the eastern edge of the site
and will restore the slope coming down from the Settlers West development to the
north. The applicant should be aware that if the excess material is transported to
another site in Chanhassen, a separate grading permit will be required for the
other property. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m.,
Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work
permitted on Sunday or legal holidays. Staff has not yet received a proposed haul
route as required. Staff is recommending that the applicant provide a proposed
haul route for review and approval. In addition, appropriate signage for hauling
along TH 212 will be required.
An interim use permit expires one year from the date of approval from the City
Council. The permit maybe renewed, however, on an annual basis subject to City
staff review and approval. The applicant will need to request a formal extension
60 days prior to the expiration date. Financial security to guarantee restoration
and erosion control measures will be required with the permit. The perrnit is also
subject to administration fees. The administration fees are based on the number
of cubic yards of material being graded. The fees are taken from the Uniform
Building Code Appendix, Chapter 33. Based on 1.8 million cubic yards of
material, the applicant must pay the City $7,124.00 prior to the City signing the
permit.
RECOMMENDED CONDITIONS OF APPROVAL
1. The applicant must provide the City with a cash escrow or letter of credit in the
amount of $619,650.00 to guarantee erosion control measures and site
Bob Generous
Moon Valley Restoration
August 9, 2004
Page 3
2. Permits from the appropriate regulatory agency must be obtained; including but
not limited to the MPCA and MnDOT.
3. The applicant must provide a proposed haul route for review and approval.
4. If the excess material is hauled to another site in Chanhassen, a separate
grading permit will be required for the other property.
5. All disturbed areas as a result of construction are required to be reseeded and
mulched within two weeks of site grading.
6. The applicant must pay the City an adnidnistration fee of $7,124.00 prior to
the City signing the permit.
7. Add the benchmark to the plan that was used for the site survey.
8. End the grading on the eastern side of the creek at the proposed high -point
elevation in the usable area of 756.
9. In the future, when a development proposal is submitted, drainage and utility
easements over the ponds and creek will be required.
10. Add Type 1 silt fence in the southeast comer of the site around the grading
limits and around the proposed pond outlet
11. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through
Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on
Sunday or legal holidays.
12. Appropriate signage for hauling along TH 212 is required.
c: Paul Oehme, Director of Public Works/City Engineer
&Aeaftrading pernfits\04-05\iup mview.dm
Date: August 6, 2004
Job #: 6965-094v*�p
To: Bob Generous From: Justin Larson
City of ctianhassen
690 City Center Drve
P.O. Box 147
Chanhassen, MN 55317
Regarding: Moon Valley Mine Restoration
Transrnitted7 Via7
Z Herewith 0 Fed Ex
0 Under separate wver R Courier (1 -Hour)
0 Mail
11 Hand deliv-
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SATHRE-BERGOUIST, INC.
--6e—scnption !Y
08/06/04 16(7)
150 South BroadwaY Phone: (952) 47&WW
Way�ta. MN 55391 F�: (952) 476-0104
W�wsathre.�
Moon Valley Plan Submittal
08/06/04 1(7)
PsR
MoonValleyPlan Submittal (ff11x17)
06/17/04 1
-6'6/17104
Transmittal
Date: August 6, 2004
Job #: 6965-094v*�p
To: Bob Generous From: Justin Larson
City of ctianhassen
690 City Center Drve
P.O. Box 147
Chanhassen, MN 55317
Regarding: Moon Valley Mine Restoration
Transrnitted7 Via7
Z Herewith 0 Fed Ex
0 Under separate wver R Courier (1 -Hour)
0 Mail
11 Hand deliv-
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-�ormat
--6e—scnption !Y
08/06/04 16(7)
Ps
Moon Valley Plan Submittal
08/06/04 1(7)
PsR
MoonValleyPlan Submittal (ff11x17)
06/17/04 1
-6'6/17104
P
End Use Grading Plan 1992
1
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CITY OF CHANHASSEN
['5�' -� -1 - - � � --�
AUG 0 9 2004
ENGINEERING DEPT.
cc: File
6
�I 4 11 D
LMRWD No -2548 P - 2/4
PLI* IV V6 6A -%r 0 V— e 7
Ro�
Memo "�derllk&
Project Name: Moon Valley Gravel Mine
TO: Terry Schwalbe
From; Dan Edgerton
Re: Engineering Review of Development Proposal
Client: Lower Minnesota River
Watershed District
File No., 1460-04-000
Date: AugUst4, 2004
This memo summarizes an engineering review of the grading, drainage, and erosion control plan for the Moon
Valley Gravel Mine located in Chanhassen, Minnesota. The plans that were reviewed included the grading,
drainage, and erosion control plan dated July, 16, 2004, and a Stormwater Calculations report dated July 21,
2004. Both were prepared by the Sathre-Bergquist firm.
r - V)
11!
ar
Hydrology and water quantity rgl9ded comments e as follows:
A�t—
de,elogk
The curve number selection of 69 for existing conditions see
igh given t a sandy soils prevalent on the
site. The curve number should be lowered to 61 to better reflect current site conditions.
The curve number selected for proposed land use conditions appears low. (CN=76) For clarity and to
better model small storm runoff from the site, the proposed medium density/high density residential areas
should be modeled separately from the overall watersheds, rather than lumping them together. This will
assist in future reviews in determining if the proposed development is consistent with the current proposal.
Times of concentration used in the model from the sheefflow calculations appear to be too long, resulting in
underestimated peak discharges. The Manning's "n" value used in the calculations corresponds to dense
grass conditions, which are likely optimistic given the slopes of the site. A better estimate can be made
using either short grass or unpaved conditions to be conservative, especially given the steep slopes on the
project site,
Overall, the rate controls provided by the proposed ponds meets the 10 year and 100 year predevelopment
discharge rates. However, it does not meet the 2 -year preclevelopment discharge rate. This could be
accommodated by installing a small orifice and overflow weir outlet control structure without drastically
raising the high water levels from the 10 and 100 year events. Changes resulting from comments #1 -3 may
change these results.
5. Drainage to Pond 1 from a portion of WS -5P is not accounted for in the rate control calculations provided for
Pond 1. Although this area is not proposed for development, runoff from this area will affect pond operation.
Bonostroo, Posene, Anderlik and Associates, Inc. www.bonesfto.com
St Paul Offlc�-
2335 West Highway 36
MilWatult" office;
1516 West Mequon Road
Rochester office:
112 7' Street NE
willniurrotrice!
St. Cloud 0111ce:
Grayslake Office:
St. Paul, MN 55113
Phone 601-"-4600
Mequon. WI 53092
RocheMer, MIN 55906
45 Sth street SW
Wilintar, MN 56201
3721 2V Street S
St. Cloud. MN 56301
SM East Beividere Road
Grayslake. IL 60030
-- .�� .1. . ...
Phone: 2112-241-4466
-'. �� � 4
Phons! 507-2824100
Phone: 320-214-9567
Phone: 320�2514W
Phone 847-54&-6774
U 4 1 P
Y
_',1FWD
�� 0 � 14 " -1, 1 / 4
ArKkdik 4
Memo
Modeling of peak flows and rate control for the 2, 10, and 100 year events should be re-evaluated with a
revised watershed for Pond I
6. Watershed WS -1P does not have clearly defined drainage boundaries. Although it does not enter the
portion of the site that is to be regarded, it will need to be better defined in order to quantify whether or not
flooding will occur over TH212-
The proposed drainage diagram appears to show runoff from the Settlers West Development on top of the
bluff draining to a concentrated point at the top of the proposed 2.5 :1 constructed slopes- These
concentrated flows must be avoided and prevented in order to prevent severe erosion of the steep slopes.
Runoff may need to be piped down the face of the slope at this location -
The west end of watershed WS -3P will naturally drain to the channel/wetland to the west, while the ultimate
proposed plan indicates it will be directed east to Pond 2. Water quality treatment should be provided prior
to discharging to the channeltwetland complex. A temporary sediment basin may need to be installed in this
location until final development occurs and redirects runoff to Pond 2.
9- It is not clear how runoff from watershed WS -6P will be directed to the proposed Pond 1. The grading plans
show sheet flow to the south, where it will intersect the proposed site access road. Based solely on
contours, it appears runoff will sheefflow over the road and then will continue on to TH 212. Details
regarding how water will be directed to Pond 1 should be included for review.
(SNo details regarding the proposed pond outlets were submitted for review. At a minimum, they must provide
skimming up to the 5 -year storm event.
11. The plans do not make it clear how runoff from watershed WS -5P leaves the site. High water levels at any
proposed or current outlet may affect the high water levels in Pond 1 -
12. The steep slopes proposed for the site (2.5H: I V) will require substantial efforts be placed on erosion control
during construction and vegetation establishment- The site should be thoroughly reviewed for erosion
control measures as the current single lines of silt fence shown on the plan are likely not enough given the
height and length of the proposed slopes.
Watpr quality relatpd comments are as follows:
13. The stormwater ponds should be designed to achieve a 60% reduction in average annual phosphorus
loads. No details regarding the proposed nutrient removal efficiency of the ponds were provided.
93nd 1 appears to have a wet volume of 0.71 acre-feet and a mean depth of 2.45 feet, The minimum
recommended mean depth is 3 feet for a water quality pond, in order to prevent scour and re -suspension of
captured sediment.
Sonestroo, Rosene, Anderlik and Associates, Inc.
st. Paul offica:
office;
2335 West "ghmNay 36
P�d
SL Paul, MN 55113
Phone: 651-636-415100
6774
MilviraukaeOffIce:
1516 West Mecivon Road
Mequort, Wil 53092
Phone 262-2414466
1- 1.1 1A 1 IM4
Rochester Office:
112 r Street NE
Willmar Office:
2D5 6th Street SW
Rochester. MN 559M Williniar, MN 56201
Phone: 507-282-2100 Phone* 320-214-9657
V.�' SC17-9119-14M F= AZ -2U-9458
St. Cloud Office:
3721 2e Street S
St. Cloud. MN 56301
Phone; 320-251-4563
Fax, 320-251-6252
www,bonostroo.com
Grayslake
088 East Belvidere
Grayslake, IL 60030
Phone: 847-548,
Fax 947-W-6979
6 2004 12:41PA LMRWD
No -254S P. 4/4
Memo
The Wet volume of Pond I is sufficient to retain the runoff from a 2.5 -Inch storm over the water=
However, grading plans reflect that a portion of drainage from watershed W$ -5P will be routed into Pond 1.
Although this area is not proposed for development, it is important to capture the runoff contribution from
this area for water quantity and quality calculations (see comment number 5). The drainage area routed to
Pond 1 must be clarified and the wet volume must be equivalent or greater to the volume of runoff from a
2.5 -inch storm over the tributary area. Refer to comment number 2 regarding curve number modeling when
re -calculating wet volumes.
16, Pond 2 appears to have a wet volume of 3.68 acre-feet and a mean depth of 3.83 feet. These parameters
appear satisfactory. However, refer to comment number 2 regarding curve number modeling to verify wet
volume requirements are met, In addition, refer to comment number 8 regarding the drainage area to Pond
2; the calculated drainage area to Pond 2 should be re-evaluated.
C%verall. given the intent of the development (residential) and sandy nature of the existing soils, alternative
tormwater management approaches (such as Infiltration to reduce runoff volume) are encouraged for this
Proposed development.
Bonestroo, Rosette, Anclarlik and Associates, Inc.
St. Paul Office:
Office:
2335 W"t Highway 36
Rtuad
St. Paul. MIN 55113
Phone� 651,636-"oo
6174
r—
Milwaukee Office:
1516 West Mcquon Road
Mequon. W 53092
Phone; 262-2414466
Rochester office:
112 7� Street NE
Rocheirtef, MN 55900
Phone; 507-2$2-2100
Willmar Office:
205 5th Sheet SW
Willmar, YIN 6U01
Phone: 320-2144M7
St Claud Office:
3721 2P S(teet S
St. Claud. MN 56301
Phone; 320,251-4553
www.bomsfroo.cam
Grayslake
eall East nelvidere
CRaydake. IL 6W30
Phone, B47-5,111-
K M
CARVER
& I
NSERVATION DISTRICT
`14%09 Cikp�. 219 East Frontage Road
a? 1946 'k Waconia, MN 55387
a Phone: 952-442-5101
%ty Svc? Fax: 952-442-5497
http://www.co.carver.mn.us/SWCD/SWCD mainhtnil
Mission Statement. To provide leadership in conservation and teach stewardship of the soil, water, and related
resources through a balanced, cooperative program that protects, restores. and improves those resources.
August 4, 2004
Robert Generous, Senior Planner
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
Re: Moon Valley Gravel Mine Restoration
Mr. Generous:
The SWCD has reviewed the Moon Valley Gravel Mine Restoration plan. Please consider the
following erosion control recommendations and comments. This site poses very challenging
erosion and sediment control management.
Erosion Control ft -t
&A-kOf jy u Q'� 4. f� C�y
M" 44# Fi,*, +* s.+e. J..'j
;e,, -mfh--,r%=c W"11 sorne' areas the slope of
1. If feasibld,4 it N A6 Je to terr-ace e o rn-mosf-S�10
2.5 to I is over 500 feet long; controlling erosion and long term stability is going to be difficult
Is
The engineers should take a look at the slope and determine the feasibility of breaking up the , (-
length of slope permanently. 4&� feq41k
Phasing is a very important management tool for erosion control. Stabilization of the toe
Irst 50 feet of the slope) is needed immediately upon final grade. Stabilization will need to be
done in phases. Large portions of the site should not be left exposed over weekends or during
forecasted heavy rains.
qhe slopes should be tracked with a dozer at all times. The dozer should be run perpendicular
ot slope to track the slope. Tracking the slope is a passive, cheap erosion control method.
(C-� 1�
The NTW-comer' of the slope will be an area of instability because stormwater will
concentrate in the swale and possibly form a gulley. This area is north of soil boring 18, south of
soil boring 14 and in-between soil borings 10 and 15. A terrace, turf reinforcement mat and
slope drain will likely be needed in this area to promote long term stability.
6 5 Due to the steep slopes and long runs of the slope, straw fiber rolls may be needed to aid in
stabilization of all the slopes with the MN DOT Category 3, 2S wood fiber blankets. The fiber
rolls would help break up the length of slope and minimize erosion potential of the slope with the
AN EQUAL OPPORTUNM E?"LOYER
46
erosion control blankets. Please see attached straw fiber roll detail for a visual representation.
Six-inch fiber rolls are needed every 15 to 20 feet. See attachedfact sheet.
OProper blanket application is crucial for this site. The blankets must make 100% contact with
the soil and stapled according to manufactures specifications. The staple pattern is vital to
proper blanket function. The blankets should be head trenched as well.
(9 Geotextile and riprap or geogrids or other approved stabilization is needed to provide toe
protection; there is a chance the toe of the 2.5 to I may start head cutting without toe protection.
§8. The seed mix specified (MN DOT 500) should be changed to MN DOT Native mix 340
andy Mid Height, dry conditions —i.e. south facing slope). 16 pounds per acre application rate
is recommended. 20 pounds per acre is needed for hydoseeding or broadcasting.
t@Depending on the final soil used, blanket application may be difficult. If the soil is too sandy,
stapling the blanket over long runs will be futile. 'Terracing' blankets or using strips of blankets
with a heavy application of the seed mix (20 pounds per acre) and hydromulch will be needed.
/S-ediment Control
".e silt fence should be installed at least 25 feet away from the toe of the slope to provide
storage and allow the silt fence to function properly.
@As stated on the plan, the temporary sediment basins must be installed prior to grading
activities. Berms may be needed to divert runoff into the basins along 212.
Stormwater Management
(-�Subsurface stormwater movement should be considered with surface movement of stormwater.
K-IWhen considering stormwater management, installation of draintile at the toe should be
considered to reduce any future possibility of sloughing due to saturation from ground water or
slope seepage.
If there are any questions please call the SWCD office
Sincerely,
Aaron Mlynek, CPESC
Urban Conservation Technician
cc. Matt Saam, City of Chanhassen
Lori Haak, City of Chanhassen